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Public Works Packet 2010 08-17-10AGENDA  PUBLIC WORKS COMMITTEE MEETING  Tuesday, August 17, 2010  6:00 p.m.  City Hall Conference Room  Minutes for Correction/Approval: None  Items Recommended for Consent Agenda:  1. PW 2010­49 Water Department Report for May 2010  2. PW 2010­50 Water Department Report for June 2010  3. PW 2010­54 Kendall Marketplace – Earthwork Letter of Credit Expiration  New Business:  1. PW 2010­55 Traffic Study – Faxon Road and Alan Dale Lane  2. PW 2010­56 Route 47 Widening – City Easements  3. PW 2010­57 Weight Limit Ordinance (E. Main Street & McHugh Road)  4. PW 2010­58 ISAWWA Hold Harmless Agreement  5. PW 2010­59 ISAWWA Mutual Aid Agreement  6. PW 2010­60 2010 Miscellaneous Bituminous Patching – MFT Appropriation Resolution  7. PW 2010­61 Standard Specifications for Improvements – Proposed Revisions  8. PW 2010­62 Rush Copley – Regional Stormwater Easement  9. PW 2010­63 Grande Reserve – Letter of Credit Expirations  Old Business:  1. PW 2010­47 Proposed Revisions to the Nuisance Ordinance (Weeds and Grass)  2. PW 2010­48 Proposed Water Ordinance Revision  Additional Business:  United City of Yorkville  800 Game Farm Road  Yorkville, Illinois 60560  Telephone: 630­553­4350  Fax: 630­553­7575 Public Works Committee  August 17, 2010  Page 2  2010/2011 City Council Goals  Public Works Committee  Goal Elected Officials Staff  Infrastructure planning. Sutcliff / Plocher  Finance Director /  Joe Wywrot / Eric Dhuse /  Krysti Barksdale­Noble  Trail planning and pedestrian (with Park Board.) Werderich / Golinski Laura Schraw / Bart Olson /  Joe Wywrot  Development slow­down issues. Teeling / Gilson Krysti Barksdale­Noble /  Joe Wywrot UNITED CITY OF YORKVILLE  WORKSHEET  PUBLIC WORKS COMMITTEE  Tuesday, August 17, 2010  6:00 PM  CITY CONFERENCE ROOM  ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­  ITEMS RECOMMENDED FOR CONSENT AGENDA:  ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­  1. PW 2010­49 Water Department Report for May 2010  □ Moved forward to CC __________ consent agenda? Y     N  □ Approved by Co mmittee __________  □ Bring back to Committee __________  □ Informational Item  □ Notes ___________________________________________________________________________  _________________________________________________________________________________  _________________________________________________________________________________  ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­  2. PW 2010­50 Water Department Report for June 2010  □ Moved forward to CC __________ consent agenda? Y     N  □ Approved by Co mmittee __________  □ Bring back to Committee __________  □ Informational Item  □ Notes ___________________________________________________________________________  _________________________________________________________________________________  _________________________________________________________________________________ ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­  3. PW 2010­54 Kendall Marketplace – Earthwork Letter of Credit Expiration  □ Moved forward to CC __________ consent agenda? Y     N  □ Approved by Co mmittee __________  □ Bring back to Committee __________  □ Informational Item  □ Notes ___________________________________________________________________________  _________________________________________________________________________________  _________________________________________________________________________________  ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­  NEW BUSINESS:  ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­  1. PW 2010­55 Traffic Study – Faxon Road and Alan Dale Lane  □ Moved forward to CC __________ consent agenda? Y     N  □ Approved by Co mmittee __________  □ Bring back to Committee __________  □ Informational Item  □ Notes ___________________________________________________________________________  _________________________________________________________________________________  _________________________________________________________________________________  ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­  2. PW 2010­56 Route 47 Widening – Cit y Easements  □ Moved forward to CC __________ consent agenda? Y N  □ Approved by Co mmittee __________  □ Bring back to Committee __________  □ Informational Item  □ Notes ___________________________________________________________________________  _________________________________________________________________________________  _________________________________________________________________________________ ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­  3. PW 2010­57 Weight Limit Ordinance  (E. Main Street & McHugh Road)  □ Moved forward to CC __________ consent agenda? Y     N  □ Approved by Co mmittee __________  □ Bring back to Committee __________  □ Informational Item  □ Notes ___________________________________________________________________________  _________________________________________________________________________________  _________________________________________________________________________________  ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­  4. PW 2010­58 ISAWWA Hold Harmless Agreement  □ Moved forward to CC __________ consent agenda? Y     N  □ Approved by Co mmittee __________  □ Bring back to Committee __________  □ Informational Item  □ Notes ___________________________________________________________________________  _________________________________________________________________________________  _________________________________________________________________________________  ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­  5. PW 2010­59 ISAWWA Mutual Aid Agreement  □ Moved forward to CC __________ consent agenda? Y     N  □ Approved by Co mmittee __________  □ Bring back to Committee __________  □ Informational Item  □ Notes ___________________________________________________________________________  _________________________________________________________________________________  _________________________________________________________________________________ ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­  6. PW 2010­60 2010 Miscellaneous Bituminous Patching – MFT Appropriation Reso lut ion  □ Moved forward to CC __________ consent agenda? Y     N  □ Approved by Co mmittee __________  □ Bring back to Committee __________  □ Informational Item  □ Notes ___________________________________________________________________________  _________________________________________________________________________________  _________________________________________________________________________________  ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­  7. PW 2010­61 Standard Specifications for Improvements – Proposed Revisio ns  □ Moved forward to CC __________ consent agenda? Y     N  □ Approved by Co mmittee __________  □ Bring back to Committee __________  □ Informational Item  □ Notes ___________________________________________________________________________  _________________________________________________________________________________  _________________________________________________________________________________  ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­  8. PW 2010­62 Rush Copley – Regio nal Stormwater Easement  □ Moved forward to CC __________ consent agenda? Y     N  □ Approved by Co mmittee __________  □ Bring back to Committee __________  □ Informational Item  □ Notes ___________________________________________________________________________  _________________________________________________________________________________  _________________________________________________________________________________ ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­  9. PW 2010­63 Grande Reserve – Letter of Credit Expirations  □ Moved forward to CC __________ consent agenda? Y     N  □ Approved by Committee __________  □ Bring back to Committee __________  □ Informational Item  □ Notes ___________________________________________________________________________  _________________________________________________________________________________  _________________________________________________________________________________  ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­  OLD BUSINESS:  ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­  1. PW 2010­47 Proposed Revisions to the Nuisance Ordinance (Weeds and Grass)  □ Moved forward to CC __________ consent agenda? Y     N  □ Approved by Committee __________  □ Bring back to Committee __________  □ Informational Item  □ Notes ___________________________________________________________________________  _________________________________________________________________________________  _________________________________________________________________________________  ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­  2. PW 2010­48 Proposed Water Ordinance Revision  □ Moved forward to CC __________ consent agenda? Y     N  □ Approved by Committee __________  □ Bring back to Committee __________  □ Informational Item  □ Notes ___________________________________________________________________________  _________________________________________________________________________________  _________________________________________________________________________________ ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­  ADDITIONAL BUSINESS:  ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ City Council Agenda Item Summary Memo Title: City Council / Committee Agenda Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Police Human Resources Public Works Agenda Item Number Tracking Number June 2010 Discussion Majority Discussion and direction on proposed revisions Bart Olson Administration Name Department Proposed revisions to nuisance ordinance – weeds and property maintenance See attached memo. Public Works – August 17, 2010 This item was last discussed at the June Public Works Committee meeting. The materials from that meeting are attached. The end result of the discussion was that the aldermen were going to observe the aesthetics of some of the prairie grasses in the subdivisions. As you may recall, the policy issue at the time was whether or not we wanted to allow a specific prairie grass plant mix to grow beyond 8”. Additionally, Alderman Spears has requested that we revisit the discussion on increased fines for repeat offenders. Currently, there is no mandatory fine in the code and no option to pre- pay the fine prior to the adjudication hearing. This means the hearing officer sets the fine at the adjudication hearing. At the hearing, staff will inform the hearing officer of the history of violations on the property, and the hearing officer will set the fine accordingly. In the past, this has resulted in steeper fines for repeat offenders. Memorandum To: Public Works Committee From: Bart Olson, City Administrator CC: Date: August 13, 2010 Subject: Proposed revisions to nuisance ordinance - weeds City Council Agenda Item Summary Memo Title: City Council / Committee Agenda Date: Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Agenda Item Notes: Reviewed By: Legal Finance Engineer City Administrator Police Human Resources Public Works Agenda Item Number Tracking Number N / A Majority Approval Bart Olson Administration Name Department Proposed Water Ordinance Revisions Proposed changes to the City’s water ordinance. Copies attached include the current ordinance, a track changes form, and a clean form w/ proposed changes. Public Works – August 17, 2010 Page 1of 16 Chapter 5 WATER USE AND SERVICE 7-5-1: WATER DIVISION: A.Supervision: The water division of the city shall be a division of the Department of Public Works under the active supervision of the Director of Public Works who shall report to the City Administrator. Said Director of Public Works shall report to the Mayor of all acts and doings whenever requested. He shall also keep a correct map of all water locations and connections, hydrants and cutoffs; and shall keep just, true and correct books of accounts, and such books, records, maps and other accounts shall be delivered to his successor, or supervisors at any time, upon request. B.Salaries And Wages: 1.Department Employees: The mayor shall hire employees necessary for the proper operation and management of the water division, as allowed through budget authorization by the City Council from time-to-time, and as subject to all personnel policies in effect at time of hire. The wages of all such employees shall be fixed by the annual budget approved by the City Council, and as subject to all personnel policies in effect at the time of wage reviews. C.Audit Of Department: The City Treasurer shall cause a proper audit to be made at least once each year of the water department. The report of such audit shall be open for inspection at all proper times to any taxpayer, water user or any holder of bonds issued by the water department. (Ord. 1974-69, 10-24-1974) 7-5-2: APPLICATIONS FOR WATER SERVICE AND CONNECTIONS: All applications for water service connections and for water service shall be made in writing to the building department on forms to be furnished by the city. No approval for water service connection shall be granted unless and until said forms are filled out and signed by the applicant and until all fees for connection and meter are submitted. (Ord. 1974-69, 10-24-1974) 7-5-3: WATER SERVICE CONNECTIONS AND INSTALLATIONS: A.Location Of Connections And Installations; Charge: All connections and installations of water service shall, upon application, be made from the existing main upon applicant's street to the street side of applicant's sidewalk or to a point four feet (4') within the curb line, whichever point the Director of Public Works shall so elect. Said connections and installations shall be made only by authorized employees of the city and only after payment by the user or property owner at the time of application for water to the city treasurer or collector of a connection fee as outlined below: (Ord. 1982-9, 3-25-1982; amd. 1994 Code) CleanFormat-withproposedchangesincorporated Page 2of 16 RESIDENTIAL CONNECTION FEES1 Residence Type Projected PE Per Residence Connection Fee Based On $ 1,057.00/PE Efficiency or studio apartment 1.00 $ 1,057.00 1 bedroom apartment/condominium 1.50 1,586.00 2 plus bedroom apartment/condominium 3.00 3,171.00 1 bedroom townhome 1.50 1,586.00 2 plus bedroom townhome 3.00 3,171.00 Duplex home 3.50 3,700.00 Single-family home 3.50 3,700.00 NONRESIDENTIAL CONNECTION FEES2 Water Meter Size Water Connection Fee Less than or equal to 1 inch $ 3,700.00 11/2 inch 4,000.00 2 inch 5,000.00 3 inch 8,000.00 4 inch 15,000.00 6 inch and larger TBD Notes: Nonresidential land use shall be considered all land uses other than those defined in the residential connection fees table. TBD = Connection fee to be determined by city council on a case by case basis. (Ord. 2006-32, 4-25-2006) B.Materials, Equipment And Labor: 1.If the superintendent of public works so desires, he may request the applicant to furnish materials, equipment and labor to install the service connection. Where such a request is made, the materials used shall be approved by the director of public works and the installer shall be bonded, qualified and approved by the superintendent of public works before installation. If the director of public works provides any materials, equipment and labor to install the service connection, the cost of such equipment, materials and labor for the installation of such connections shall be in addition to the above charges. CleanFormat-withproposedchangesincorporated Page 3of 16 2.The installation of the service connection by applicants shall be allowed only where connection will be made to the new water mains that are not yet in service. Where connection is made to existing city owned water mains, the installation of the service connection shall be made by an authorized employee of the city. C.Construction Specifications: All service connections and installations shall be provided with corporation cock, curb stopcock, shutoff and curb box of a standard and approved type, and shall be subject to approval by the superintendent of public works. All materials, including pipe, stopcock and valves shall be of a standard and approved type and placed and located under the direction of the superintendent of public works. (Ord. 1982-9, 3-25-1982; amd. 1994 Code) 7-5-4: WATER METERS: All water furnished consumers shall be metered, and all meters shall be of a standard and approved make, and shall be furnished by the city and set by an authorized employee of the City or a licensed Illinois plumber. Meters shall remain the property of the city and are subject to removal any time. (Ord. 1974-69, 10-24-1974) 7-5-4-1: METER COSTS: The costs involved in furnishing and installing the meter shall be borne by the applicant. 7-5-4-2: METER LOCATIONS: The owners must provide suitable locations in piping systems for same and meters shall be placed on service pipe not to exceed two feet (2') from the wall where such pipe enters the premises. There shall be a stop and waste on the inlet side of the meter, a shutoff valve on the outlet side of the meter, and a suitable check valve on the outlet side of the meter. There shall be provided a suitable place for the meter so as to keep it dry and clean, and readily accessible at all times to the meter reader and inspector of the water department. (Ord. 1974-69, 10-24-1974) NEW NUMBER: Meter Wire Conduit: The owner must provide a rigid conduit with a minimum inside diameter of `/1” from the meter to a location on the outside of the structure near the gas meter. 7-5-4-3: SIZE OF METERS: A.The size of meter required for any metered water supply shall be governed by the size and character of the premises served or to be served as follows: Description of Premises Size of Meter Residence, not over 12 rooms or 2 family flat 5/8 inch 3 or 4 family flat 1 inch CleanFormat-withproposedchangesincorporated Page 4of 16 B.Size of meters for large buildings, apartments or flats shall be designated by the Code Official at the time of application for water supply. The size of meters so specified shall be subject to change from time to time thereafter as demand or other condition may require. C.The right is reserved to require an increase in the size of meter in any case where, in the discretion of the City, the use of water exceeds the capacity of the meter. (Ord. 1974-69, 10-24-74) 7-5-4-4: MAINTENANCE AND REPAIR: Owners or occupants shall be responsible for the care and protection of a meter, but the same shall be subject to inspection and test at any reasonable time by the Water Department; however, meters may be repaired by the City Council at no cost to the owner and no one shall interfere with the registration of or break a seal on any meter; providing, however, that the Superintendent of Public Works may grant permission to break a seal for draining pipe or stopping leaks. (Ord. 1974-69, 10-24-74; 1994 Code) 7-5-4-5: METER TESTING: A.Tests May be Made: In case of doubt as to the accuracy of a meter, the consumer may complain and tests may be made by the Superintendent of Public Works and if the meter is found to measure more than four percent (4%) incorrectly, no charge shall be made; and if an over-register of more than four percent (4%) is found, a proportional deduction shall be made from the previous water bill. If said meter registers within four percent (4%) of accuracy, then all expense of testing shall be borne by the person making the complaint. (Ord. 1974-69, 10-24-74; amd. Ord. 1983-15, 9-22-83; 1994 Code) B.Entry Powers: The Superintendent of Public Works or his designated employees in the City Water Department, shall be allowed access to the residences of all City water users for the purposes of checking the accuracy of the water meter located in the home when the home is equipped with a remote water meter indicator on the outside of the residence at all reasonable times. (Ord. 1984-1, 3-22-84) 7-5-4-6: READING METERS: The Superintendent of Public Works shall determine the amount of water usage by each individual customer of the City pursuant to any of the following three (3) methods to be selected by him in his absolute and sole discretion: A.An actual meter reading done by employees of the City Water Department every other month, but no less than one time a year; or B.An estimated reading based on customer's usage during the billing period being estimated from the last twelve months of the customer's usage. In the event any specific customer has less than a twelve month CleanFormat-withproposedchangesincorporated Page 5of 16 history of water usage with the City, said estimate shall be based on the most recently ascertainable data on individual usage available to the Superintendent of Public Works. In no event shall estimated water billings be made for more than three (3) billing periods in any one year. (Ord. 1984-1, 3-22-84) 7-5-4-7: SERVICE TO MORE THAN ONE CUSTOMER THROUGH SINGLE METER: If, at the request of and for the convenience of the owner of a premises containing more than one dwelling unit, water is furnished to said premises through a single meter for the purpose of redistribution to multiple dwelling units, the charges set forth for service for a single-family meter shall be multiplied by the number of dwelling units served and the product there from shall be the water service connection charge. (Ord. 1974-69, 10-24- 74; 1994 Code) 7-5-5: WATER SERVICE RATES; BILLING PROCEDURES: The section below has been affected by a recently passed ordinance, 2010-21 - WATER SERVICE RATES . Go to new ordinance. 7-5-5-1: WATER SERVICE RATES AND CHARGES: Rates Established: The water rate charges for water usage in the City shall be increased according to the following schedule: 1.Beginning November 1, 1995, the water rates for the water use in the City shall be as follows: Minimum of $9.82 up to 350 cubic feet of water used $1.79 per 100 cubic feet used over 350 cubic feet up to 1,350 cubic feet $1.71 per 100 cubic feet used over 1,350 cubic feet up to 2,700 cubic feet $1.63 per 100 cubic feet used over 2,700 cubic feet 2.Beginning November 1, 1996, the following rates shall apply: Minimum of $10.31 up to 350 cubic feet of water used $1.87 per 100 cubic feet used over 350 cubic feet up to 1,350 cubic feet $1.81 per 100 cubic feet used over 1,350 cubic feet up to 2,700 cubic feet $1.75 per 100 cubic feet used over 2,700 cubic feet 3.Beginning on November 1, 1997, the following rates shall apply: Minimum of $10.82 up to 350 cubic feet used $1.97 per 100 cubic feet used over 350 cubic feet up to 1,350 cubic feet used $1.93 per 100 cubic feet used over 1,350 cubic feet up to 2,700 cubic feet $1.89 per 100 cubic feet used over 2,700 cubic feet 4.Beginning on November 1, 1998, the following rates shall apply: Minimum of $11.36 for the first 350 cubic feet used $2.07 per 100 cubic feet used over 350 cubic feet up to 1,350 cubic feet $2.05 per 100 cubic feet used over 1,350 cubic feet up to 2,700 cubic feet $2.03 per 100 cubic feet used over 2,700 cubic feet CleanFormat-withproposedchangesincorporated Page 6of 16 5.Beginning on November 1, 1999, the following rates shall apply: Minimum of $11.93 for the first 350 cubic feet used $2.17 for every 100 cubic feet used over 350 cubic feet 6.In determining the quantity used for billing purposes, 100 cubic feet shall include any fractional amount of 100 cubic feet used. 7.All previous water rate charging schedules are hereby expressly repealed and of no effect. 8.In all other respects those City ordinances affecting connection charges, service charges, outside City limit charges, usage estimates and all other ordinances affecting City water or sewer services shall remain in full force and effect. (Ord. 1995-27, 10- 26-1995) B.More Than One Customer Through A Single Meter: After the effective date hereof, each dwelling unit will be charged as outlined in this Section, regardless of the number of dwelling units that are served through a single meter. The section below has been affected by a recently passed ordinance, 2010-14 - DELINQUENT WATER BILLS. Go to new ordinance. 7-5-5-2: BILLS FOR SERVICE; DELINQUENCIES: A.Rendition of Bills; Payment: Bills for water furnished shall be mailed on or about the last day of February, April, June, August, October, and December. All bills and charges for water rents and other services are payable at the office of the City Treasurer or Collector. (Ord. 1982-9, 3-25-82) B.Delinquent Bills: All charges for water shall be due and payable on rendition by mail of a notice of amount to the owner or tenant and shall become delinquent at the expiration of thirty (30) days from said date of mailing, and for the purpose of enforcing the lien as provided by statute, the fortieth day following the first day of the respective quarter is hereby fixed as a delinquency date. (Ord. 1982-9, 3-25-82; 1994 Code) C.Shut Off of Water for Nonpayment; Turn-On Fee: Ten (10) days after a bill shall become delinquent, the water may be shut off from the premises, and shall not be turned on until all back rentals and charges are paid, together with a twenty-five dollar ($25.00) fee for turning on the water. 7-5-5-3: RESPONSIBILITY OF WATER SERVICE CUSTOMER; DEPOSIT: Water service accounts and charges shall be kept in the name of the owner of the property served, except as to property owned by the State of Illinois. Only such owner shall be recognized as the consumer, except where the tenant makes and maintains a deposit of an amount of money with the City Treasurer equal to the estimated water bills for the premises to be served to guarantee payment for water service, but in no case shall such CleanFormat-withproposedchangesincorporated Page 7of 16 deposit be less than twenty five dollars ($25.00). The deposit shall accompany the application for service. Where no deposits are made or where the deposit is not maintained, the owner of the premises served shall be held responsible for the payment of all water rentals and all other proper charges in connection with water services to said premises. Such payments shall be accepted from tenants if tendered by them, but accepting payments from tenants shall not subsequently relieve the owner of the premises from the responsibility of paying water rentals or other service charges when due or relieve the real estate from the lien hereinbefore provided. Any deposit made upon application for service shall be returned to consumer upon termination of service. (Ord. 1974-69, 10-24-74) 7-5-6: WATERWORKS REVENUE: A.Duties of City Treasurer: 1.Monies to: All money due the Water Department from all purposes and sources, including the collection of water rents or rates, shall be paid to the City Treasurer or City Collector. If the same shall be paid to the City Collector, he shall in turn forward the same to the City Treasurer. 2.Custodian of Funds: The City Treasurer shall be custodian of the funds derived from income received from the waterworks system, and shall give proper bond for the faithful discharge of his duties. The Treasurer shall maintain separate accounts in which shall be placed the interest and sinking fund monies and another account in which shall be placed the depreciation funds and all other funds necessary to provide for refunding outstanding certificates or bonds payable out of water revenue. B.Water Fund: All revenue derived from the sale of water as herein provided shall be kept separate and apart by the City Treasurer from the other revenue of the City. Said money shall be known as the Water Fund and shall be used exclusively for waterworks purposes and costs of administration including but not limited billing operations and customer service. 7-5-7: CHANGE OF RESIDENCE BY WATER SERVICE CUSTOMERS: No person, either owner or tenant, who, in changing his residence from one location to any other location served by the water department, shall be given water service until any and all delinquent water rentals which are charged against him at his former place of residence shall have been paid in full, and no water at the new location shall be turned on and, if so, the same shall be turned off until settlement of such delinquent water rental at the former location is made. A charge of twenty-five dollars ($25.00) for turning on water and renewing service shall be made, in addition to the payment of the delinquent water rental or charges. (Ord. 1974-69, 10-24-1974) 7-5-8: WATER SHUTOFFS AND TURNONS: A.Authority To Shut Off Water; Nonliability: The city shall not be held responsible by reason of the breaking of any service pipe or apparatus, or for failure in the supply of water. The city, when necessary, without notice, may shut the water off in its mains for the purpose of making repairs or extensions or for other purposes. No claims shall be CleanFormat-withproposedchangesincorporated Page 8of 16 made against the city by reason of the breakage of any service pipe or service cock, or from other damage that may result from the shutting off of water for repairing, laying or relaying mains, hydrants or other connections. (Ord. 1974-69, 10-24-1974) B.Requests For Water Shutoff And Turnon: 1.Water Shutoff: Owners or consumers desiring to discontinue the use of water shall give notice thereof, in writing, to the superintendent of public works or the city treasurer, who shall then cause the water to be turned off. Water rents or charges for services shall be made until such notice is given. When water service is discontinued, all water rentals for such service shall become due and payable. When water service is again desired after having been discontinued, a charge of twenty-five dollars ($25.00) shall be made and collected before turning on water and renewing service. 2.Water Turnon: In turning on water, the city council or the water department shall not be responsible for any damage that may occur by reason of improper fixtures, open or improper connections, or for any other causes. (Ord. 1974-69, 10-24-1974; amd. 1994 Code) 7-5-9: PROHIBITED ACTS AND CONDITIONS: A.Electrical Grounding To Water System: No part of any water service, including the portion owned or used by any user of water, shall be used as a ground for a radio, telephone and other electrical system or appliance. B.Unnecessary Waste Of Water: Consumers shall prevent unnecessary waste of water and keep all water outlets closed when not in actual use. If unnecessary waste of water takes place, the city council reserves the right to cut off the supply, and the city further reserves the right to prohibit the use of water for yard sprinklers, elevators and large consumers of water when, in the judgment of the council, it shall be necessary to do so. (Ord. 1974-69, 10-24-1974) C.Use Of Ground Water Prohibited: 1.Prohibited: The use or attempt to use as a water supply, ground water from within the corporate limits of the united city of Yorkville by the installation or drilling of wells or by any other method is hereby prohibited within the city. (Ord. 2008-78, 8-26- 2008) 2.Penalties: (Rep. by Ord. 2008-74, 8-26-2008) 3.Definitions: PERSON: Any individual, partnership, copartnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, or any other legal entity, or their legal representative, agents, or assigns. POTABLE WATER: Any water used for human or domestic consumption, including, but not limited to, water used for drinking, bathing, swimming, washing dishes, or preparing foods. 4.Memorandum Of Understanding: The mayor of the united city of Yorkville is hereby authorized and directed to enter into a memorandum of understanding with the CleanFormat-withproposedchangesincorporated Page 9of 16 Illinois environmental protection agency ("Illinois EPA") in which the united city of Yorkville assumes responsibility for tracking the remediation sites, notifying the Illinois EPA of changes to the ordinances, and taking certain precautions when siting public potable water supply wells. (Ord. 2005-50, 6-14-2005) 7-5-11: REGULATIONS FOR DEVELOPERS: A.Public Water Supply for Subdivisions: No subdivision of land in the corporate limits shall be approved by the city council unless the lots therein are provided with adequate water connecting with the city water system, if at all practical. Water connections and city water main extensions, if necessary in order to connect to the city water system, shall be at the subdivider's expense but under the direct supervision and control of the city council or its authorized agents. Prior to the time said extension is undertaken, the subdividers shall pay the cost of said extension. Upon completion, any extension shall be dedicated to the city and become property of the city who shall then assume full responsibility for maintenance and repairs of the same. B.Water System Improvements: 1.Where improvements and extensions to the water distribution system are required in order to serve the needs of a development, the developer shall bear all costs in the water main installation3. (Ord. 1974-69, 10-24-74) 2.Prior to proceeding with construction, the developer shall prepare and submit plans and specifications to all Federal, State, County, Township and other governmental agencies as required by law. Permits or approvals shall be received from all appropriate agencies. The contractor shall also submit plans and specifications to the Superintendent of Public Works which shall meet the requirements of the City’s subdivision control ordinance and shall obtain written approval from the City Council before proceeding with construction. C.Installation of Oversize Mains: 1.Notice Requiring Oversized Mains; Compliance: a.When, in any subdivision now within the City or within one and one-half (11/2) miles of the City limits which normally would require an eight inch (8") or ten inch (10”) size water main but which, for the purpose of complying with the plan of development of the City's water system to provide an adequate water supply, not only to the particular subdivision but also to subdivisions which in the future may become a part of the City, and where the City Engineer and Superintendent of Public Works have determined that water mains of a larger diameter than eight inches (8") and the size thereof, shall be installed, then the City Engineer or the Superintendent of Public Works shall inform the subdividers, builders and developers of the subdivision by a written notice of that fact and require them to install such oversized water mains and at the same time, in said notice, inform them of the size to be installed. (Ord. 1974-69, 10-24-74; 1994 Code) b.Upon being so notified as provided for in this subsection, no subdivider, builder or developer shall install any water main in such subdivision of any size other than that specified to him by the aforesaid notice. CleanFormat-withproposedchangesincorporated Page 10of 16 2.Costs: At such time as the installation of said oversized water main pipe shall have been completed in accordance with the plans and specifications submitted to the City for such installation, and also in accordance with the notice specified in this subsection, and all such installations shall have been inspected and approved by the City as provided for by ordinance of the City, then the City will pay any such subdivider, builder or developer who has installed oversized water main pipe as above provided, the difference of the cost at current prices, as of the time of said installation, between the eight inch (8") main pipe which was originally planned to be used and the cost of the oversized pipe which the City directed to be used. (Ord. 1974-69, 10-24-74) 7-5-12: PRIVATE SPRINKLER AND FIRE PROTECTION SYSTEMS: Private sprinkler and fire protection water systems may be connected with the City water mains subject to the following provisions and regulations and provided the applicant is a consumer taking water supply for other uses from the City at regular rates for such uses: A.Application for Service; Approval: Whenever sprinkler or fire protection services are desired, application shall be made for the privilege of installing such service, which application shall include complete specifications and plans of the installation contemplated. If said application is approved by the City Council, the applicant shall enter into an agreement with the City for connection to City mains, subject to the provisions of this Chapter. (Ord. 1974-69, 10-24-74) B.Inspection of System: 1.City water will be turned into any sprinkler or fire protection system only when such installation shall have been subjected to and passed such inspection and pressure tests as may be required by the Superintendent of Public Works. All pipes in connection with such system shall be left exposed until such tests have been made and the system approved. No cross-connections between private water supplies and services connected to City mains shall be permitted. 2.Any and all premises connected to City water mains for sprinkler or fire protection services shall be subject to inspection by the Superintendent of Public Works at any time for count and conformity to the City regulations. C.Rates and Charges: Rates and charges shall be as provided in Section 7-5-5-1 of this Chapter. (Ord. 1974-69, 10-24-74; 1994 Code) 7-5-13: WATER CUSTOMER CONTRACTUAL AGREEMENT: The rules and regulations as set forth in this chapter shall be considered a part of the contract of every person who takes water supplied by the city through the city waterworks. Every such person who takes water shall be considered as having expressly agreed to be bound by the provisions of this chapter upon his acceptance of water service from the city. (Ord. 1974-69, 10-24-1974) 7-5-14: VIOLATION AND PENALTY: (Rep. by Ord. 2008-74, 8-26-2008) CleanFormat-withproposedchangesincorporated Page 11of 16 7-5-15: WATER CONSERVATION REGULATIONS: A.Definitions: The following words and phrases when used in this section shall, for the purpose of this section, have the following meanings: CITY: The united city of Yorkville. DRIP IRRIGATION SYSTEM: A soaking hose that when in use does not result in an actual dissipation of water. DRIP LINE: Pertaining to a tree or shrub, the ground area immediately beneath the branches of the tree or shrub. LANDSCAPE/LANDSCAPING: Sod and seeded turf lawns, gardens, trees, shrubs, and other living plants. PERMITTED HOURS OF WATER USE: A time period between five o'clock (5:00) A.M. and nine o'clock (9:00) A.M., and between nine o'clock (9:00) P.M. and twelve o'clock (12:00) midnight, each day. PERSON: Any individual, firm, partnership, association, corporation, company, organization, or entity of any kind. WATER: The water provided by and obtained by a person from the city water supply and distribution system. B. Application: 1.The provisions of this section shall apply to all persons using water, and to all properties within the city or unincorporated areas which are connected to the city's water supply and distribution system, regardless of whether any person using the water has a contract for service with the city. 2.The provisions of this section shall apply annually from May 1 through September 30, subject to any modifications thereof, including application of these or other regulations during this or any other time, by an emergency proclamation issued pursuant to subsection C of this section. C.Restricted Hours And Days For Specified Uses: 1.Water may be used for landscape watering or the filling of swimming pools only as follows: a.All properties with even numbered street numbers (i.e., numbers ending in 0, 2, 4, 6 or 8) may use water for landscape watering or for pool filling, only on even numbered calendar dates during permitted hours of water use. b.All properties with odd numbered street numbers (i.e., numbers ending in 1, 3, 5, 7, and 9) may use water for landscape watering or for pool filling only on odd numbered calendar dates during permitted hours of water use. c.There shall be no restrictions as to hours or days when water may be used for any of the following: (1)Landscape watering or sprinkling where such watering or sprinkling is done by a person using a handheld watering device; CleanFormat-withproposedchangesincorporated Page 12of 16 (2)Filling swimming pools with a volume of fifty (50) gallons or less; (3)The automatic watering of trees and shrubs by means of automatic root feed or drip irrigation systems within the drip line of the tree or shrub; or (4)Vehicle and equipment washing; or (5)Any other lawful use of water such as bathing, clothes washing, and other normal household uses not otherwise specifically restricted by the provisions of this section. D.Restrictions For Sod Laying And Lawn Seeding For New Lawns: Notwithstanding the provisions of subsection C of this section, the following special regulations shall apply: 1.Sod laying, lawn seeding, and the planting of other landscaping for the establishment of a new lawn or new landscaping is prohibited from July 1 through August 31 each year unless the source of watering for said sod, lawn seeding and/or planting of landscaping is derived from a private well, imported water source or means other than any municipal water source. 2.From May 1 through June 30 and from September 1 through September 30, water may be used on new lawns (sod or seed), only as follows: Prior to sod laying or lawn seeding, a sod watering permit, attached as exhibit A to the ordinance codified herein, must be obtained from the united city of Yorkville. a.On the day new sod or seed has been placed on a property, a person may use an automatic sprinkling device to apply water to the sod or seed for a total period of time not to exceed eight (8) hours. b.For the next nine (9) days thereafter, a person may apply water to said sod or seed each day during permitted hours of water use. c.Following the first ten (10) days after the sod or seed is placed, the provisions of subsection C of this section shall apply. 3.Prior to the execution of any real estate contract for the sale of newly constructed property, the builder or owner of such new construction shall: a.Inform prospective purchasers of the restrictions upon the installation of new lawns set forth in this section; b.Attach a copy of these regulations to the contract; and c.Obtain the signature of the purchaser(s) on a statement that he, she or they has (have) been informed of the new lawn installation restrictions set forth in this section. 4.The applicant for a certificate of occupancy for any newly constructed property shall submit as a part of his application, and as a condition of issuance of such certificate, a copy of said signed statement. When an application for certificate of occupancy is submitted prior to sale of the property, and the future occupant is unknown, the applicant shall submit CleanFormat-withproposedchangesincorporated Page 13of 16 his signed statement that he shall comply with the requirements of this section at the time the real estate contract is executed. E.Waste Of Water Prohibited: No person shall allow a continuous stream of water to run off into any gutter, ditch, drain, or street inlet while using water for restricted purposes during the permitted hours of water use. F.Exceptions: The provisions of this section shall not apply to any commercial or industrial entity for which use of water is necessary to continue normal business operations, or to maintain stock or inventory. Provided, however, this exception shall not apply to any and all uses of water not essential to normal business operations or maintenance of inventory or stock, and specifically shall not apply to landscape watering or pool filling. G.Bulk Water Rates: Bulk water rates shall be increased to three (3) times the nonresident water rate during the time described in subsection B of this section. H.Hydrant Use Prohibited: Hydrants connected to the city water supply and distribution system for the purpose of providing water for firefighting purposes shall not be opened by any person, other than authorized city or fire district personnel, except for the purpose of fighting a fire. I.Emergency Proclamation: 1.Whenever the water supply of the city is diminished from any cause, including, but not limited to, prolonged dry period, increased water demand, equipment failure, or water quality concerns, to an amount which in the opinion of the city engineer or director of public works is or is likely to become dangerous to the health and safety of the public, the city mayor is hereby authorized and empowered to issue an emergency proclamation specifying different or additional regulations on the use of water. 2.Such regulations may provide for limitations on the usage of water, limitations on days and hours of use of water for some or all purposes, and the prohibition of specified uses of water. 3.Upon issuing such proclamation, the city mayor shall make the contents thereof known to the public by posting a copy at the city hall, and by news release to local newspapers and radio media, and may also endeavor to notify the city residents and other persons in any other practical manner that he or she shall devise. Further, the city mayor shall immediately deliver notice of such proclamation, and the regulations that have been imposed by such proclamation, to all members of the city council. 4.The emergency proclamation of the city mayor, and the regulations imposed thereby, shall remain in full force and effect until any one of the following shall first occur: CleanFormat-withproposedchangesincorporated Page 14of 16 a.The city mayor determines that the emergency no longer exists and that the emergency proclamation, and the regulations imposed thereby, shall no longer continue in effect. b.The city council modifies or repeals the emergency proclamation, and the regulations imposed thereby, by means of an ordinance enacted at any regular or special meeting of the city council. c.The first regular meeting of the city council occurring more than thirty (30) days after the date of the emergency proclamation of the city mayor. 5.Any city employee or officer may, at the direction of the city mayor, notify and warn any person of the effect of said emergency proclamation and direct said person to comply with said watering or sprinkling restrictions. If any said person, after having first been warned about said restrictions of the emergency proclamation, fails to comply with the water restrictions, the person shall be deemed to be in violation of this section. (Ord. 2004-17, 3-23-2004) J.Restriction On Permanent Landscape Watering Systems Of Nonresidential Properties: 1.This subsection J shall apply only to nonresidential properties, and common and/or open space areas of residential developments. 2.For this subsection J, a "permanent landscape watering system" shall be defined as any system of pipes, sprinkler heads or similar devices installed underground to be used to provide landscape watering. 3.Landscape watering upon nonresidential properties shall be limited as follows: a.For properties with one building, a total area within the property not to exceed one acre may be watered by a permanent landscape watering system using the city's potable water. This area shall be measured by the amount of nonimpervious surface on the property including all landscaped areas, lawn areas and green space regardless of the size of the area initially planned to be irrigated. b.For properties with more than one building, a total area within the property not to exceed three (3) acres may be watered by a permanent landscape watering system using the city's potable water. This area shall be measured by the amount of nonimpervious surface on the property including all landscaped areas, lawn areas and green space regardless of the size of the area initially planned to be irrigated. c.For the common space and/or open space of a primarily residential development, no permanent landscape watering system shall be allowed using the city's potable water. CleanFormat-withproposedchangesincorporated Page 15of 16 d.All permanent landscape watering systems permitted to use the city's potable water shall be metered the same as domestic water service. No special meters will be permitted. 4.The total area to be watered shall be measured as the area within reach of any permanent device used to water landscape including, but not limited to, sprinkler heads, hoses, trenches or similar devices to water landscape. (Ord. 2006-123, 10-24-2006) 7-5-16: INSPECTION; AUDIT; APPEAL: A.Right Of Access; Use Inspection: The united city of Yorkville and its employees and the Illinois environmental protection agency shall have ready access at all reasonable times to the premises, places or buildings where water service is supplied for the purpose of inspecting, examining and testing the consumption, use and flow of water, and it shall be unlawful for any person to interfere with, prevent or obstruct the united city of Yorkville or its duly authorized agent or the Illinois environmental protection agency in its duties hereunder. Every user of the system shall take the same upon the conditions prescribed in this section. B.Powers And Authority Of Inspectors: 1.The director of public works and other duly authorized employees of the united city of Yorkville and the Illinois environmental protection agency, bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this section. The united city of Yorkville or its representative shall have no authority to inquire into any processes, including metallurgical, chemical, oil refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterway or facilities for waste treatment. 2.While performing the necessary work on private properties referred to above the director of public works or duly authorized employees of the united city of Yorkville and the Illinois environmental protection agency shall observe all safety rules applicable to the premises established by the property owner or its agent, and the property owner or its agent shall be held harmless for injury or death to the united city of Yorkville employees, and the united city of Yorkville shall indemnify the company against liability claims and demands for personal injury or property damage asserted against the property owner and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the property owner or its agent to maintain conditions as required in this chapter. 3.The director of public works and other duly authorized employees of the united city of Yorkville bearing proper credentials and identification shall be permitted to enter all private properties through which the united city of Yorkville holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and CleanFormat-withproposedchangesincorporated Page 16of 16 maintenance of any portion of the waterworks lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. C.Access To Records: The IEPA or its authorized representative shall have access to any books, documents, papers and records of the united city of Yorkville, which are applicable to the water system, of user charges for the purpose of making audit, examination, excerpts and transcriptions thereof to ensure compliance with the terms of any loan obtained from the IEPA under its public water supply (PWS) loan program. D.Annual Review Of Charges: The adequacy of the water service charge shall be reviewed, not less often than annually, by certified public accountants for the united city of Yorkville in their annual audit report. The water service charge shall be revised periodically to reflect a change in the local capital costs or overhead, maintenance and repair costs. E.Appeals: Users shall be provided the method for computing rates and service charges within fourteen (14) days of written request. City shall make best efforts to remedy any disagreement with the method used or the computations made within thirty (30) days of a formal written appeal outlining the discrepancies. (Ord. 2005-19, 3-8-2005) Footnotes - Click any footnote link to go back to its reference. Footnote 1: These fees will become effective on June 15, 2006. Footnote 2: These fees will become effective on June 15, 2006. Footnote 3: See Section 11-4-11 of this Code. CleanFormat-withproposedchangesincorporated Page 1of 16 Chapter 5 WATER USE AND SERVICE 7-5-1: WATER DIVISION: A.Supervision: The water division of the city shall be a division of the Department of Public Works under the active supervision of the Director of Public Works who shall report to the City Administrator. Said Director of Public Works shall report to the Mayor of all acts and doings whenever requested. He shall also keep a correct map of all water locations and connections, hydrants and cutoffs; and shall keep just, true and correct books of accounts, and such books, records, maps and other accounts shall be delivered to his successor, or supervisors at any time, upon request. B.Salaries And Wages: 1.Department Employees: The mayor shall hire employees necessary for the proper operation and management of the water division, as allowed through budget authorization by the City Council from time-to-time, and as subject to all personnel policies in effect at time of hire. The wages of all such employees shall be fixed by the annual budget approved by the City Council, and as subject to all personnel policies in effect at the time of wage reviews. C.Audit Of Department: The City Treasurer shall cause a proper audit to be made at least once each year of the water department. The report of such audit shall be open for inspection at all proper times to any taxpayer, water user or any holder of bonds issued by the water department. (Ord. 1974-69, 10-24-1974) 7-5-2: APPLICATIONS FOR WATER SERVICE AND CONNECTIONS: All applications for water service connections and for water service shall be made in writing to the building department on forms to be furnished by the city. No approval for water service connection shall be granted unless and until said forms are filled out and signed by the applicant and until all fees for connection and meter are submitted. (Ord. 1974-69, 10-24-1974) 7-5-3: WATER SERVICE CONNECTIONS AND INSTALLATIONS: A.Location Of Connections And Installations; Charge: All connections and installations of water service shall, upon application, be made from the existing main upon applicant's street to the street side of applicant's sidewalk or to a point four feet (4') within the curb line, whichever point the Director of Public Works shall so elect. Said connections and installations shall be made only by authorized employees of the city and only after payment by the user or property owner at the time of application for water to the city treasurer or collector of a connection fee as outlined below: (Ord. 1982-9, 3-25-1982; amd. 1994 Code) Deleted: DEPARTMENT Deleted: epartment Deleted: city administrator/engineer Deleted: water committee of the city council Deleted: city administrator/engineer Deleted: make a written Deleted: city council Deleted: his Deleted: by the council, and such reports shall be placed on file with the city clerk and shall show the kind and amount of materials used, the cost thereof and all expenses attending the work Deleted: mains now or hereinafter laid in the city, with their dimensions, locations and connections, Deleted: or the city council Deleted: <#>Superintendent Of Public Works: The superintendent of public works shall receive his wages from the water fund for his services in the active supervision of said waterworks; such sum to be fixed by resolution and set forth in the annual budget ordinance. (Ord. 1974-69, 10-24-1974; amd. 1994 Code)¶ Deleted: and members of the city council Deleted: have the authority to Deleted: all other Deleted: works. Deleted: resolution, and all wages and other expenses of the water department shall be paid out of the water fund through vouchers authorized and drawn in the like manner as all other vouchers; except that such amounts shall be paid only out of the water fund. Deleted: city council Deleted: superintendent of public works Formatted: Indent: Left: 0.5", No bullets or numbering TrackChangesForm-withproposedrevisions Page 2of 16 RESIDENTIAL CONNECTION FEES1 Residence Type Projected PE Per Residence Connection Fee Based On $ 1,057.00/PE Efficiency or studio apartment 1.00 $1,057.00 1 bedroom apartment/condominium 1.50 1,586.00 2 plus bedroom apartment/condominium 3.00 3,171.00 1 bedroom townhome 1.50 1,586.00 2 plus bedroom townhome 3.00 3,171.00 Duplex home 3.50 3,700.00 Single-family home 3.50 3,700.00 NONRESIDENTIAL CONNECTION FEES2 Water Meter Size Water Connection Fee Less than or equal to 1 inch $ 3,700.00 11/2 inch 4,000.00 2 inch 5,000.00 3 inch 8,000.00 4 inch 15,000.00 6 inch and larger TBD Notes: Nonresidential land use shall be considered all land uses other than those defined in the residential connection fees table. TBD = Connection fee to be determined by city council on a case by case basis. (Ord. 2006-32, 4-25-2006) B.Materials, Equipment And Labor: 1.If the superintendent of public works so desires, he may request the applicant to furnish materials, equipment and labor to install the service connection. Where such a request is made, the materials used shall be approved by the director of public works and the installer shall be bonded, qualified and approved by the superintendent of public works before installation. If the director of public works provides any materials, equipment and labor to install the service connection, the cost of such equipment, materials and labor for the installation of such connections shall be in addition to the above charges. Deleted: superintendent Deleted: superintendent TrackChangesForm-withproposedrevisions Page 3of 16 2.The installation of the service connection by applicants shall be allowed only where connection will be made to the new water mains that are not yet in service. Where connection is made to existing city owned water mains, the installation of the service connection shall be made by an authorized employee of the city. C.Construction Specifications: All service connections and installations shall be provided with corporation cock, curb stopcock, shutoff and curb box of a standard and approved type, and shall be subject to approval by the superintendent of public works. All materials, including pipe, stopcock and valves shall be of a standard and approved type and placed and located under the direction of the superintendent of public works. (Ord. 1982-9, 3-25-1982; amd. 1994 Code) 7-5-4: WATER METERS: All water furnished consumers shall be metered, and all meters shall be of a standard and approved make, and shall be furnished by the city and set by an authorized employee of the City or a licensed Illinois plumber. Meters shall remain the property of the city and are subject to removal any time. (Ord. 1974-69, 10-24-1974) 7-5-4-1: METER COSTS: The costs involved in furnishing and installing the meter shall be borne by the applicant. 7-5-4-2: METER LOCATIONS: The owners must provide suitable locations in piping systems for same and meters shall be placed on service pipe not to exceed two feet (2') from the wall where such pipe enters the premises. There shall be a stop and waste on the inlet side of the meter, a shutoff valve on the outlet side of the meter, and a suitable check valve on the outlet side of the meter. There shall be provided a suitable place for the meter so as to keep it dry and clean, and readily accessible at all times to the meter reader and inspector of the water department. (Ord. 1974-69, 10-24-1974) NEW NUMBER: Meter Wire Conduit: The owner must provide a rigid conduit with a minimum inside diameter of `/1” from the meter to a location on the outside of the structure near the gas meter. 7-5-4-3: SIZE OF METERS: A.The size of meter required for any metered water supply shall be governed by the size and character of the premises served or to be served as follows: Description of Premises Size of Meter Residence, not over 12 rooms or 2 family flat 5/8 inch 3 or 4 family flat 1 inch Deleted: the superintendent of public works or Deleted: the water department. Deleted: Costs to be reimbursed to the city shall include the meter, remote readers, valves, check valves, meter setting hardware and labor. The charges shall be actual cost for materials and labor including fringe benefits, but excluding any fees for overhead, profit or similar marginal costs. (Ord. 1974-69, 10-24-1974) Formatted: Indent: Left: 0" Formatted: Indent: Left: 0" Formatted Table Formatted: Not Superscript/ Subscript Deleted: 3/4 i Formatted: Not Superscript/ Subscript TrackChangesForm-withproposedrevisions Page 4of 16 B.Size of meters for large buildings, apartments or flats shall be designated by the Code Official at the time of application for water supply. The size of meters so specified shall be subject to change from time to time thereafter as demand or other condition may require. C.The right is reserved to require an increase in the size of meter in any case where, in the discretion of the City, the use of water exceeds the capacity of the meter. (Ord. 1974-69, 10-24-74) 7-5-4-4: MAINTENANCE AND REPAIR: Owners or occupants shall be responsible for the care and protection of a meter, but the same shall be subject to inspection and test at any reasonable time by the Water Department; however, meters may be repaired by the City Council at no cost to the owner and no one shall interfere with the registration of or break a seal on any meter; providing, however, that the Superintendent of Public Works may grant permission to break a seal for draining pipe or stopping leaks. (Ord. 1974-69, 10-24-74; 1994 Code) 7-5-4-5: METER TESTING: A.Tests May be Made: In case of doubt as to the accuracy of a meter, the consumer may complain and tests may be made by the Superintendent of Public Works and if the meter is found to measure more than four percent (4%) incorrectly, no charge shall be made; and if an over-register of more than four percent (4%) is found, a proportional deduction shall be made from the previous water bill. If said meter registers within four percent (4%) of accuracy, then all expense of testing shall be borne by the person making the complaint. (Ord. 1974-69, 10-24-74; amd. Ord. 1983-15, 9-22-83; 1994 Code) B.Entry Powers: The Superintendent of Public Works or his designated employees in the City Water Department, shall be allowed access to the residences of all City water users for the purposes of checking the accuracy of the water meter located in the home when the home is equipped with a remote water meter indicator on the outside of the residence at all reasonable times. (Ord. 1984-1, 3-22-84) 7-5-4-6: READING METERS: The Superintendent of Public Works shall determine the amount of water usage by each individual customer of the City pursuant to any of the following three (3) methods to be selected by him in his absolute and sole discretion: A.An actual meter reading done by employees of the City Water Department every other month, but no less than one time a year; or B.An estimated reading based on customer's usage during the billing period being estimated from the last twelve months of the customer's usage. In the event any specific customer has less than a twelve month Deleted: Superintendent Deleted: of Public Works Deleted: on a quarterly basis Deleted: <#>A customer meter reading returned to the City Water Department at the request of the Superintendent of Public Works by the customer; or¶ Deleted: quarter Deleted: one year Deleted: one year TrackChangesForm-withproposedrevisions Page 5of 16 history of water usage with the City, said estimate shall be based on the most recently ascertainable data on individual usage available to the Superintendent of Public Works. In no event shall estimated water billings be made for more than three (3) billing periods in any one year. (Ord. 1984-1, 3-22-84) 7-5-4-7: SERVICE TO MORE THAN ONE CUSTOMER THROUGH SINGLE METER: If, at the request of and for the convenience of the owner of a premises containing more than one dwelling unit, water is furnished to said premises through a single meter for the purpose of redistribution to multiple dwelling units, the charges set forth for service for a single-family meter shall be multiplied by the number of dwelling units served and the product there from shall be the water service connection charge. (Ord. 1974-69, 10-24- 74; 1994 Code) 7-5-5: WATER SERVICE RATES; BILLING PROCEDURES: The section below has been affected by a recently passed ordinance, 2010-21 - WATER SERVICE RATES . Go to new ordinance. 7-5-5-1: WATER SERVICE RATES AND CHARGES: Rates Established: The water rate charges for water usage in the City shall be increased according to the following schedule: 1.Beginning November 1, 1995, the water rates for the water use in the City shall be as follows: Minimum of $9.82 up to 350 cubic feet of water used $1.79 per 100 cubic feet used over 350 cubic feet up to 1,350 cubic feet $1.71 per 100 cubic feet used over 1,350 cubic feet up to 2,700 cubic feet $1.63 per 100 cubic feet used over 2,700 cubic feet 2.Beginning November 1, 1996, the following rates shall apply: Minimum of $10.31 up to 350 cubic feet of water used $1.87 per 100 cubic feet used over 350 cubic feet up to 1,350 cubic feet $1.81 per 100 cubic feet used over 1,350 cubic feet up to 2,700 cubic feet $1.75 per 100 cubic feet used over 2,700 cubic feet 3.Beginning on November 1, 1997, the following rates shall apply: Minimum of $10.82 up to 350 cubic feet used $1.97 per 100 cubic feet used over 350 cubic feet up to 1,350 cubic feet used $1.93 per 100 cubic feet used over 1,350 cubic feet up to 2,700 cubic feet $1.89 per 100 cubic feet used over 2,700 cubic feet 4.Beginning on November 1, 1998, the following rates shall apply: Minimum of $11.36 for the first 350 cubic feet used $2.07 per 100 cubic feet used over 350 cubic feet up to 1,350 cubic feet $2.05 per 100 cubic feet used over 1,350 cubic feet up to 2,700 cubic feet $2.03 per 100 cubic feet used over 2,700 cubic feet Deleted: calendar quarters Deleted: customer Deleted: the several customers Deleted: customers TrackChangesForm-withproposedrevisions Page 6of 16 5.Beginning on November 1, 1999, the following rates shall apply: Minimum of $11.93 for the first 350 cubic feet used $2.17 for every 100 cubic feet used over 350 cubic feet 6.In determining the quantity used for billing purposes, 100 cubic feet shall include any fractional amount of 100 cubic feet used. 7.All previous water rate charging schedules are hereby expressly repealed and of no effect. 8.In all other respects those City ordinances affecting connection charges, service charges, outside City limit charges, usage estimates and all other ordinances affecting City water or sewer services shall remain in full force and effect. (Ord. 1995-27, 10- 26-1995) B.More Than One Customer Through A Single Meter: After the effective date hereof, each dwelling unit will be charged as outlined in this Section, regardless of the number of dwelling units that are served through a single meter. The section below has been affected by a recently passed ordinance, 2010-14 - DELINQUENT WATER BILLS. Go to new ordinance. 7-5-5-2: BILLS FOR SERVICE; DELINQUENCIES: A.Rendition of Bills; Payment: Bills for water furnished shall be mailed on or about the last day of February, April, June, August, October, and December. All bills and charges for water rents and other services are payable at the office of the City Treasurer or Collector. (Ord. 1982-9, 3-25-82) B.Delinquent Bills: All charges for water shall be due and payable on rendition by mail of a notice of amount to the owner or tenant and shall become delinquent at the expiration of thirty (30) days from said date of mailing, and for the purpose of enforcing the lien as provided by statute, the fortieth day following the first day of the respective quarter is hereby fixed as a delinquency date. (Ord. 1982-9, 3-25-82; 1994 Code) C.Shut Off of Water for Nonpayment; Turn-On Fee: Ten (10) days after a bill shall become delinquent, the water may be shut off from the premises, and shall not be turned on until all back rentals and charges are paid, together with a twenty-five dollar ($25.00) fee for turning on the water. 7-5-5-3: RESPONSIBILITY OF WATER SERVICE CUSTOMER; DEPOSIT: Water service accounts and charges shall be kept in the name of the owner of the property served, except as to property owned by the State of Illinois. Only such owner shall be recognized as the consumer, except where the tenant makes and maintains a deposit of an amount of money with the City Treasurer equal to the estimated water bills for the premises to be served to guarantee payment for water service, but in no case shall such Comment [BO1]: Newwaterratestobe inserted Deleted: residential Deleted: housing Deleted: housing Deleted: (Ord. 1982-9, 3-25-1982; 1994 Code) Deleted: <#>Users Outside City Limits:¶ <#>Water Rates: For all water consumption and water services rendered beyond the City limits for which each service shall be by meter registration, charges shall now be at the normal in-City water rates and no further double charge shall be made.¶ <#>Water Line And Plant Maintenance Fee: From January 1, 1984, forward, a water line and plant maintenance fee shall be charged at the rate of ten dollars ($10.00) per calendar quarter to be paid with each quarterly water bill, and upon the same terms, conditions and enforcements for each water service meter registration outside of the City; with said water line and plant maintenance fee being established herein by reason of the additional costs, which may vary from time to time, incurred by the City in maintaining and servicing a water delivery system not within its boundaries. (Ord. 1983-17, 12- 15-1983)¶ ¶ <#>Temporary Water Use; Unmetered Rates: The flat rate for water services supplied on a temporary basis without meters shall be as follows:¶ Unmetered service generally, per day¶ ... [1] Deleted: first days of July, October, January and April of each year, and Deleted: a Deleted: when service is located within the City limits; said fee shall be ten dollars ($10.00) plus all back rentals and charges when service is located beyond the City limits Deleted: <#>Additional Deposit Required: In the event a water user becomes more than ten (10) days delinquent on two (2) or more separate occasions, the user may be required to furnish an additional deposit to the City in an amount equal to one estimated bill or not less than twenty five dollars ($25.00), and twenty five dollars ($25.00) in the case of all other property, and the City may refuse to turn said water on again until the aforesaid deposit has been received. (Ord. 1982-9, 3-25-82)¶ ¶ TrackChangesForm-withproposedrevisions Page 7of 16 deposit be less than twenty five dollars ($25.00). The deposit shall accompany the application for service. Where no deposits are made or where the deposit is not maintained, the owner of the premises served shall be held responsible for the payment of all water rentals and all other proper charges in connection with water services to said premises. Such payments shall be accepted from tenants if tendered by them, but accepting payments from tenants shall not subsequently relieve the owner of the premises from the responsibility of paying water rentals or other service charges when due or relieve the real estate from the lien hereinbefore provided. Any deposit made upon application for service shall be returned to consumer upon termination of service. (Ord. 1974-69, 10-24-74) 7-5-6: WATERWORKS REVENUE: A.Duties of City Treasurer: 1.Monies to: All money due the Water Department from all purposes and sources, including the collection of water rents or rates, shall be paid to the City Treasurer or City Collector. If the same shall be paid to the City Collector, he shall in turn forward the same to the City Treasurer. 2.Custodian of Funds: The City Treasurer shall be custodian of the funds derived from income received from the waterworks system, and shall give proper bond for the faithful discharge of his duties. The Treasurer shall maintain separate accounts in which shall be placed the interest and sinking fund monies and another account in which shall be placed the depreciation funds and all other funds necessary to provide for refunding outstanding certificates or bonds payable out of water revenue. B.Water Fund: All revenue derived from the sale of water as herein provided shall be kept separate and apart by the City Treasurer from the other revenue of the City. Said money shall be known as the Water Fund and shall be used exclusively for waterworks purposes and costs of administration including but not limited billing operations and customer service. 7-5-7: CHANGE OF RESIDENCE BY WATER SERVICE CUSTOMERS: No person, either owner or tenant, who, in changing his residence from one location to any other location served by the water department, shall be given water service until any and all delinquent water rentals which are charged against him at his former place of residence shall have been paid in full, and no water at the new location shall be turned on and, if so, the same shall be turned off until settlement of such delinquent water rental at the former location is made. A charge of twenty-five dollars ($25.00) for turning on water and renewing service shall be made, in addition to the payment of the delinquent water rental or charges. (Ord. 1974-69, 10-24-1974) 7-5-8: WATER SHUTOFFS AND TURNONS: A.Authority To Shut Off Water; Nonliability: The city shall not be held responsible by reason of the breaking of any service pipe or apparatus, or for failure in the supply of water. The city, when necessary, without notice, may shut the water off in its mains for the purpose of making repairs or extensions or for other purposes. No claims shall be Deleted: ; Deleted: that is, for the maintenance, extension, improvement and operation of said waterworks, the retirement of waterworks bonds and certificates, and under no circumstances shall this revenue be diverted to any other purpose. (Ord. 1974-69, 10-24- 74) Comment [BO2]: Administrationandfranchise feeof3% Deleted: ¶ Water Surplus Account and Water Bond Redemption Account: The City Council deems that in its best interest and required pursuant to the terms of an ordinance passed on May 8, 1969, authorizing the issuance of revenue bonds for the purpose of improving its water system, to create two (2) accounts, one designated as a surplus account in which any surplus monies remaining after payment of those monies required to be paid into special accounts created under section 8, subparagraphs (a) through (d) of said ordinance of May 8, 1969, and said account shall be designated as a surplus account and bond redemption account upon the following terms and conditions:¶ ¶ Surplus Account: A surplus account shall hereby be established pursuant to the terms of the city ordinance passed May 8, 1969, providing that all monies remaining in the water fund of the city established by said ordinance after all previously described payments shall be placed into the surplus account at the close of each billing quarter. At the end of each fiscal year, a sum of not less than fifty percent (50%) of the amount paid into said surplus account shall be transferred to a bond redemption account created hereafter. The remaining balance contained in said surplus account may be used for the improvement, extension or maintenance of the city water system.¶ Bond Redemption Account: The city hereby creates a bond redemption account which shall be established at the close of the next fiscal year occurring upon the effective date hereof. Fifty percent (50%) of those monies transferred at the close of each fiscal year from the surplus account of the water fund of the city shall be placed in said bond redemption account so as to provide funds with which to retire water bond obligations of the city. (Ord. 1985-16, 10-24-1985)¶ Formatted: Indent: Left: 0" TrackChangesForm-withproposedrevisions Page 8of 16 made against the city by reason of the breakage of any service pipe or service cock, or from other damage that may result from the shutting off of water for repairing, laying or relaying mains, hydrants or other connections. (Ord. 1974-69, 10-24-1974) B.Requests For Water Shutoff And Turnon: 1.Water Shutoff: Owners or consumers desiring to discontinue the use of water shall give notice thereof, in writing, to the superintendent of public works or the city treasurer, who shall then cause the water to be turned off. Water rents or charges for services shall be made until such notice is given. When water service is discontinued, all water rentals for such service shall become due and payable. When water service is again desired after having been discontinued, a charge of twenty-five dollars ($25.00) shall be made and collected before turning on water and renewing service. 2.Water Turnon: In turning on water, the city council or the water department shall not be responsible for any damage that may occur by reason of improper fixtures, open or improper connections, or for any other causes. (Ord. 1974-69, 10-24-1974; amd. 1994 Code) 7-5-9: PROHIBITED ACTS AND CONDITIONS: A.Electrical Grounding To Water System: No part of any water service, including the portion owned or used by any user of water, shall be used as a ground for a radio, telephone and other electrical system or appliance. B.Unnecessary Waste Of Water: Consumers shall prevent unnecessary waste of water and keep all water outlets closed when not in actual use. If unnecessary waste of water takes place, the city council reserves the right to cut off the supply, and the city further reserves the right to prohibit the use of water for yard sprinklers, elevators and large consumers of water when, in the judgment of the council, it shall be necessary to do so. (Ord. 1974-69, 10-24-1974) C.Use Of Ground Water Prohibited: 1.Prohibited: The use or attempt to use as a water supply, ground water from within the corporate limits of the united city of Yorkville by the installation or drilling of wells or by any other method is hereby prohibited within the city. (Ord. 2008-78, 8-26- 2008) 2.Penalties: (Rep. by Ord. 2008-74, 8-26-2008) 3.Definitions: PERSON: Any individual, partnership, copartnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, or any other legal entity, or their legal representative, agents, or assigns. POTABLE WATER: Any water used for human or domestic consumption, including, but not limited to, water used for drinking, bathing, swimming, washing dishes, or preparing foods. 4.Memorandum Of Understanding: The mayor of the united city of Yorkville is hereby authorized and directed to enter into a memorandum of understanding with the Deleted: or collector TrackChangesForm-withproposedrevisions Page 9of 16 Illinois environmental protection agency ("Illinois EPA") in which the united city of Yorkville assumes responsibility for tracking the remediation sites, notifying the Illinois EPA of changes to the ordinances, and taking certain precautions when siting public potable water supply wells. (Ord. 2005-50, 6-14-2005) 7-5-11: REGULATIONS FOR DEVELOPERS: A.Public Water Supply for Subdivisions: No subdivision of land in the corporate limits shall be approved by the city council unless the lots therein are provided with adequate water connecting with the city water system, if at all practical. Water connections and city water main extensions, if necessary in order to connect to the city water system, shall be at the subdivider's expense but under the direct supervision and control of the city council or its authorized agents. Prior to the time said extension is undertaken, the subdividers shall pay the cost of said extension. Upon completion, any extension shall be dedicated to the city and become property of the city who shall then assume full responsibility for maintenance and repairs of the same. B.Water System Improvements: 1.Where improvements and extensions to the water distribution system are required in order to serve the needs of a development, the developer shall bear all costs in the water main installation3. (Ord. 1974-69, 10-24-74) 2.Prior to proceeding with construction, the developer shall prepare and submit plans and specifications to all Federal, State, County, Township and other governmental agencies as required by law. Permits or approvals shall be received from all appropriate agencies. The contractor shall also submit plans and specifications to the Superintendent of Public Works which shall meet the requirements of the City’s subdivision control ordinance and shall obtain written approval from the City Council before proceeding with construction. C.Installation of Oversize Mains: 1.Notice Requiring Oversized Mains; Compliance: a.When, in any subdivision now within the City or within one and one-half (11/2) miles of the City limits which normally would require an eight inch (8") or ten inch (10”) size water main but which, for the purpose of complying with the plan of development of the City's water system to provide an adequate water supply, not only to the particular subdivision but also to subdivisions which in the future may become a part of the City, and where the City Engineer and Superintendent of Public Works have determined that water mains of a larger diameter than eight inches (8") and the size thereof, shall be installed, then the City Engineer or the Superintendent of Public Works shall inform the subdividers, builders and developers of the subdivision by a written notice of that fact and require them to install such oversized water mains and at the same time, in said notice, inform them of the size to be installed. (Ord. 1974-69, 10-24-74; 1994 Code) b.Upon being so notified as provided for in this subsection, no subdivider, builder or developer shall install any water main in such subdivision of any size other than that specified to him by the aforesaid notice. Formatted: Indent: Left: 0.75", No bullets or numbering Deleted: 7-5-10: TEMPORARY SERVICE TO CONTRACTORS:¶ <#>If, during construction of a service installation on a three-quarter inch (3/4") or one inch (1") tap, it is temporarily impossible to install a meter as required, the superintendent of public works or the city council may, upon receipt of application, issue a temporary bulk water permit, and turn on the service and allow use of unmetered water for normal construction purposes. Such permit shall not exceed sixty (60) days after the date of issuance of the permit for construction of said service installation.¶ ¶ <#>The charges for temporary bulk water permit shall be ten dollars ($10.00) for each thirty (30) days or less that a meter is not installed after issuance of a plumbing permit, and not to exceed a total of sixty (60) days. Said charges shall be paid in advance of each period requested and before water is turned on by the Department. (Ord. 1974-69, 10-24-74; 1994 Code)¶ ¶ Deleted: The following requirements shall be met: Deleted: <#>Plans and specifications submitted shall bear the seal of a current registered professional engineer.¶ <#>Water mains shall be not less than six inches (6") in diameter.¶ <#>Fire hydrants shall be set at each intersection and at intervals not to exceed four hundred feet (400') (whichever results in closer spacing). (Ord. 1974-69, 10-24-74) (Ord. 1974-69, 10-24-74; 1994 Code)¶ <#>All future water mains shall be constructed of ductile iron. Ductile iron valves and appurtenances shall be used whenever possible; however, the Superintendent of Public Works may, at his discretion, allow the use of cast iron valves and other cast iron appurtenances to the actual water pipe upon his written consent to the installer. (Ord. 1983-15, 9- 22-83; 1994 Code)¶ <#>Water mains shall be buried such that finished grade will provide not less than five and one-half feet (51/2') of cover and not greater than eight and one-half feet (81/2') of cover over the main.¶ <#>All water main extensions shall be designed, installed and tested in accordance with the "Standard Specifications for Water and Sewer Main Construction in Illinois". (Ord. 1974-69, 10-24-74)¶ <#>The contractor shall pay all expenses incurred by the City to provide field inspections and approval of water mains before, during and after construction. At the sole option of the City, the following procedures shall be followed:¶ <#>Complete field inspection by the Superintendent of Public Works or his agent, with free advice and consulting on the project by the design engineer;¶ <#>Complete field inspection by the design engineer for the developer with periodic field checking by the Superintendent of Public Works or his agent;¶ <#>Complete field inspection by the design engineer for the developer. If the City selects this option, there shall be submitted to the City a sworn statement carrying the design engineer's signature and seal ... [2] Deleted: a six inch (6") or TrackChangesForm-withproposedrevisions Page 10of 16 2.Costs: At such time as the installation of said oversized water main pipe shall have been completed in accordance with the plans and specifications submitted to the City for such installation, and also in accordance with the notice specified in this subsection, and all such installations shall have been inspected and approved by the City as provided for by ordinance of the City, then the City will pay any such subdivider, builder or developer who has installed oversized water main pipe as above provided, the difference of the cost at current prices, as of the time of said installation, between the eight inch (8") main pipe which was originally planned to be used and the cost of the oversized pipe which the City directed to be used. (Ord. 1974-69, 10-24-74) 7-5-12: PRIVATE SPRINKLER AND FIRE PROTECTION SYSTEMS: Private sprinkler and fire protection water systems may be connected with the City water mains subject to the following provisions and regulations and provided the applicant is a consumer taking water supply for other uses from the City at regular rates for such uses: A.Application for Service; Approval: Whenever sprinkler or fire protection services are desired, application shall be made for the privilege of installing such service, which application shall include complete specifications and plans of the installation contemplated. If said application is approved by the City Council, the applicant shall enter into an agreement with the City for connection to City mains, subject to the provisions of this Chapter. (Ord. 1974-69, 10-24-74) B.Inspection of System: 1.City water will be turned into any sprinkler or fire protection system only when such installation shall have been subjected to and passed such inspection and pressure tests as may be required by the Superintendent of Public Works. All pipes in connection with such system shall be left exposed until such tests have been made and the system approved. No cross-connections between private water supplies and services connected to City mains shall be permitted. 2.Any and all premises connected to City water mains for sprinkler or fire protection services shall be subject to inspection by the Superintendent of Public Works at any time for count and conformity to the City regulations. C.Rates and Charges: Rates and charges shall be as provided in Section 7-5-5-1 of this Chapter. (Ord. 1974-69, 10-24-74; 1994 Code) 7-5-13: WATER CUSTOMER CONTRACTUAL AGREEMENT: The rules and regulations as set forth in this chapter shall be considered a part of the contract of every person who takes water supplied by the city through the city waterworks. Every such person who takes water shall be considered as having expressly agreed to be bound by the provisions of this chapter upon his acceptance of water service from the city. (Ord. 1974-69, 10-24-1974) 7-5-14: VIOLATION AND PENALTY: (Rep. by Ord. 2008-74, 8-26-2008) TrackChangesForm-withproposedrevisions Page 11of 16 7-5-15: WATER CONSERVATION REGULATIONS: A.Definitions: The following words and phrases when used in this section shall, for the purpose of this section, have the following meanings: CITY: The united city of Yorkville. DRIP IRRIGATION SYSTEM: A soaking hose that when in use does not result in an actual dissipation of water. DRIP LINE: Pertaining to a tree or shrub, the ground area immediately beneath the branches of the tree or shrub. LANDSCAPE/LANDSCAPING: Sod and seeded turf lawns, gardens, trees, shrubs, and other living plants. PERMITTED HOURS OF WATER USE: A time period between five o'clock (5:00) A.M. and nine o'clock (9:00) A.M., and between nine o'clock (9:00) P.M. and twelve o'clock (12:00) midnight, each day. PERSON: Any individual, firm, partnership, association, corporation, company, organization, or entity of any kind. WATER: The water provided by and obtained by a person from the city water supply and distribution system. B. Application: 1.The provisions of this section shall apply to all persons using water, and to all properties within the city or unincorporated areas which are connected to the city's water supply and distribution system, regardless of whether any person using the water has a contract for service with the city. 2.The provisions of this section shall apply annually from May 1 through September 30, subject to any modifications thereof, including application of these or other regulations during this or any other time, by an emergency proclamation issued pursuant to subsection C of this section. C.Restricted Hours And Days For Specified Uses: 1.Water may be used for landscape watering or the filling of swimming pools only as follows: a.All properties with even numbered street numbers (i.e., numbers ending in 0, 2, 4, 6 or 8) may use water for landscape watering or for pool filling, only on even numbered calendar dates during permitted hours of water use. b.All properties with odd numbered street numbers (i.e., numbers ending in 1, 3, 5, 7, and 9) may use water for landscape watering or for pool filling only on odd numbered calendar dates during permitted hours of water use. c.There shall be no restrictions as to hours or days when water may be used for any of the following: (1)Landscape watering or sprinkling where such watering or sprinkling is done by a person using a handheld watering device; TrackChangesForm-withproposedrevisions Page 12of 16 (2)Filling swimming pools with a volume of fifty (50) gallons or less; (3)The automatic watering of trees and shrubs by means of automatic root feed or drip irrigation systems within the drip line of the tree or shrub; or (4)Vehicle and equipment washing; or (5)Any other lawful use of water such as bathing, clothes washing, and other normal household uses not otherwise specifically restricted by the provisions of this section. D.Restrictions For Sod Laying And Lawn Seeding For New Lawns: Notwithstanding the provisions of subsection C of this section, the following special regulations shall apply: 1.Sod laying, lawn seeding, and the planting of other landscaping for the establishment of a new lawn or new landscaping is prohibited from July 1 through August 31 each year unless the source of watering for said sod, lawn seeding and/or planting of landscaping is derived from a private well, imported water source or means other than any municipal water source. 2.From May 1 through June 30 and from September 1 through September 30, water may be used on new lawns (sod or seed), only as follows: Prior to sod laying or lawn seeding, a sod watering permit, attached as exhibit A to the ordinance codified herein, must be obtained from the united city of Yorkville. a.On the day new sod or seed has been placed on a property, a person may use an automatic sprinkling device to apply water to the sod or seed for a total period of time not to exceed eight (8) hours. b.For the next nine (9) days thereafter, a person may apply water to said sod or seed each day during permitted hours of water use. c.Following the first ten (10) days after the sod or seed is placed, the provisions of subsection C of this section shall apply. 3.Prior to the execution of any real estate contract for the sale of newly constructed property, the builder or owner of such new construction shall: a.Inform prospective purchasers of the restrictions upon the installation of new lawns set forth in this section; b.Attach a copy of these regulations to the contract; and c.Obtain the signature of the purchaser(s) on a statement that he, she or they has (have) been informed of the new lawn installation restrictions set forth in this section. 4.The applicant for a certificate of occupancy for any newly constructed property shall submit as a part of his application, and as a condition of issuance of such certificate, a copy of said signed statement. When an application for certificate of occupancy is submitted prior to sale of the property, and the future occupant is unknown, the applicant shall submit TrackChangesForm-withproposedrevisions Page 13of 16 his signed statement that he shall comply with the requirements of this section at the time the real estate contract is executed. E.Waste Of Water Prohibited: No person shall allow a continuous stream of water to run off into any gutter, ditch, drain, or street inlet while using water for restricted purposes during the permitted hours of water use. F.Exceptions: The provisions of this section shall not apply to any commercial or industrial entity for which use of water is necessary to continue normal business operations, or to maintain stock or inventory. Provided, however, this exception shall not apply to any and all uses of water not essential to normal business operations or maintenance of inventory or stock, and specifically shall not apply to landscape watering or pool filling. G.Bulk Water Rates: Bulk water rates shall be increased to three (3) times the nonresident water rate during the time described in subsection B of this section. H.Hydrant Use Prohibited: Hydrants connected to the city water supply and distribution system for the purpose of providing water for firefighting purposes shall not be opened by any person, other than authorized city or fire district personnel, except for the purpose of fighting a fire. I.Emergency Proclamation: 1.Whenever the water supply of the city is diminished from any cause, including, but not limited to, prolonged dry period, increased water demand, equipment failure, or water quality concerns, to an amount which in the opinion of the city engineer or director of public works is or is likely to become dangerous to the health and safety of the public, the city mayor is hereby authorized and empowered to issue an emergency proclamation specifying different or additional regulations on the use of water. 2.Such regulations may provide for limitations on the usage of water, limitations on days and hours of use of water for some or all purposes, and the prohibition of specified uses of water. 3.Upon issuing such proclamation, the city mayor shall make the contents thereof known to the public by posting a copy at the city hall, and by news release to local newspapers and radio media, and may also endeavor to notify the city residents and other persons in any other practical manner that he or she shall devise. Further, the city mayor shall immediately deliver notice of such proclamation, and the regulations that have been imposed by such proclamation, to all members of the city council. 4.The emergency proclamation of the city mayor, and the regulations imposed thereby, shall remain in full force and effect until any one of the following shall first occur: TrackChangesForm-withproposedrevisions Page 14of 16 a.The city mayor determines that the emergency no longer exists and that the emergency proclamation, and the regulations imposed thereby, shall no longer continue in effect. b.The city council modifies or repeals the emergency proclamation, and the regulations imposed thereby, by means of an ordinance enacted at any regular or special meeting of the city council. c.The first regular meeting of the city council occurring more than thirty (30) days after the date of the emergency proclamation of the city mayor. 5.Any city employee or officer may, at the direction of the city mayor, notify and warn any person of the effect of said emergency proclamation and direct said person to comply with said watering or sprinkling restrictions. If any said person, after having first been warned about said restrictions of the emergency proclamation, fails to comply with the water restrictions, the person shall be deemed to be in violation of this section. (Ord. 2004-17, 3-23-2004) J.Restriction On Permanent Landscape Watering Systems Of Nonresidential Properties: 1.This subsection J shall apply only to nonresidential properties, and common and/or open space areas of residential developments. 2.For this subsection J, a "permanent landscape watering system" shall be defined as any system of pipes, sprinkler heads or similar devices installed underground to be used to provide landscape watering. 3.Landscape watering upon nonresidential properties shall be limited as follows: a.For properties with one building, a total area within the property not to exceed one acre may be watered by a permanent landscape watering system using the city's potable water. This area shall be measured by the amount of nonimpervious surface on the property including all landscaped areas, lawn areas and green space regardless of the size of the area initially planned to be irrigated. b.For properties with more than one building, a total area within the property not to exceed three (3) acres may be watered by a permanent landscape watering system using the city's potable water. This area shall be measured by the amount of nonimpervious surface on the property including all landscaped areas, lawn areas and green space regardless of the size of the area initially planned to be irrigated. c.For the common space and/or open space of a primarily residential development, no permanent landscape watering system shall be allowed using the city's potable water. TrackChangesForm-withproposedrevisions Page 15of 16 d.All permanent landscape watering systems permitted to use the city's potable water shall be metered the same as domestic water service. No special meters will be permitted. 4.The total area to be watered shall be measured as the area within reach of any permanent device used to water landscape including, but not limited to, sprinkler heads, hoses, trenches or similar devices to water landscape. (Ord. 2006-123, 10-24-2006) 7-5-16: INSPECTION; AUDIT; APPEAL: A.Right Of Access; Use Inspection: The united city of Yorkville and its employees and the Illinois environmental protection agency shall have ready access at all reasonable times to the premises, places or buildings where water service is supplied for the purpose of inspecting, examining and testing the consumption, use and flow of water, and it shall be unlawful for any person to interfere with, prevent or obstruct the united city of Yorkville or its duly authorized agent or the Illinois environmental protection agency in its duties hereunder. Every user of the system shall take the same upon the conditions prescribed in this section. B.Powers And Authority Of Inspectors: 1.The director of public works and other duly authorized employees of the united city of Yorkville and the Illinois environmental protection agency, bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this section. The united city of Yorkville or its representative shall have no authority to inquire into any processes, including metallurgical, chemical, oil refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterway or facilities for waste treatment. 2.While performing the necessary work on private properties referred to above the director of public works or duly authorized employees of the united city of Yorkville and the Illinois environmental protection agency shall observe all safety rules applicable to the premises established by the property owner or its agent, and the property owner or its agent shall be held harmless for injury or death to the united city of Yorkville employees, and the united city of Yorkville shall indemnify the company against liability claims and demands for personal injury or property damage asserted against the property owner and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the property owner or its agent to maintain conditions as required in this chapter. 3.The director of public works and other duly authorized employees of the united city of Yorkville bearing proper credentials and identification shall be permitted to enter all private properties through which the united city of Yorkville holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and TrackChangesForm-withproposedrevisions Page 16of 16 maintenance of any portion of the waterworks lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. C.Access To Records: The IEPA or its authorized representative shall have access to any books, documents, papers and records of the united city of Yorkville, which are applicable to the water system, of user charges for the purpose of making audit, examination, excerpts and transcriptions thereof to ensure compliance with the terms of any loan obtained from the IEPA under its public water supply (PWS) loan program. D.Annual Review Of Charges: The adequacy of the water service charge shall be reviewed, not less often than annually, by certified public accountants for the united city of Yorkville in their annual audit report. The water service charge shall be revised periodically to reflect a change in the local capital costs or overhead, maintenance and repair costs. E.Appeals: Users shall be provided the method for computing rates and service charges within fourteen (14) days of written request. City shall make best efforts to remedy any disagreement with the method used or the computations made within thirty (30) days of a formal written appeal outlining the discrepancies. (Ord. 2005-19, 3-8-2005) Footnotes - Click any footnote link to go back to its reference. Footnote 1: These fees will become effective on June 15, 2006. Footnote 2: These fees will become effective on June 15, 2006. Footnote 3: See Section 11-4-11 of this Code. TrackChangesForm-withproposedrevisions Page 6: [1] Deleted Bart Olson 7/27/2010 4:26:00 PM Users Outside City Limits: Water Rates: For all water consumption and water services rendered beyond the City limits for which each service shall be by meter registration, charges shall now be at the normal in-City water rates and no further double charge shall be made. Water Line And Plant Maintenance Fee: From January 1, 1984, forward, a water line and plant maintenance fee shall be charged at the rate of ten dollars ($10.00) per calendar quarter to be paid with each quarterly water bill, and upon the same terms, conditions and enforcements for each water service meter registration outside of the City; with said water line and plant maintenance fee being established herein by reason of the additional costs, which may vary from time to time, incurred by the City in maintaining and servicing a water delivery system not within its boundaries. (Ord. 1983-17, 12-15-1983) Temporary Water Use; Unmetered Rates: The flat rate for water services supplied on a temporary basis without meters shall be as follows: Unmetered service generally, per day $ 30.00 Outdoor shows, including carnivals, circuses and wild west shows, per day 105.00 Filling outdoor swimming pools 75.00 (Ord. 1982-9, 3-25-1982) Private Sprinkler And Fire Protection Systems: The following rates and charges shall apply to all sprinkler and fire protection services connected with the water mains of the City: Sprinkler system service: For each connection serving 500 sprinkler heads or less, semi-annually $12.50 For each additional sprinkler head on any connection, over 500 heads, semi- annually0.015 each Fire protection service: For each fire hydrant located on private property, semi-annually 5.00 For each wet hose connection on private property, semi-annually 1.00 Sikldfiiidhhllbbj water as may be necessary to use in making the usual and ordinary tests of such systems under the underwriters' rules, or for actual fires. Sprinkler and fire protection service shall not be required to be metered unless it shall be found that water is used from same for purposes other than for the usual tests or for firefighting, in which case the City is empowered to require the installation of a meter. (Ord. 1974-69, 10-24-1974) Page 9: [2] Deleted Bart Olson 7/27/2010 4:40:00 PM Plans and specifications submitted shall bear the seal of a current registered professional engineer. Water mains shall be not less than six inches (6") in diameter. Fire hydrants shall be set at each intersection and at intervals not to exceed four hundred feet (400') (whichever results in closer spacing). (Ord. 1974-69, 10-24-74) (Ord. 1974-69, 10-24-74; 1994 Code) All future water mains shall be constructed of ductile iron. Ductile iron valves and appurtenances shall be used whenever possible; however, the Superintendent of Public Works may, at his discretion, allow the use of cast iron valves and other cast iron appurtenances to the actual water pipe upon his written consent to the installer. (Ord. 1983-15, 9-22-83; 1994 Code) Water mains shall be buried such that finished grade will provide not less than five and one-half feet (51/2') of cover and not greater than eight and one-half feet (81/2') of cover over the main. All water main extensions shall be designed, installed and tested in accordance with the "Standard Specifications for Water and Sewer Main Construction in Illinois". (Ord. 1974-69, 10-24-74) The contractor shall pay all expenses incurred by the City to provide field inspections and approval of water mains before, during and after construction. At the sole option of the City, the following procedures shall be followed: Complete field inspection by the Superintendent of Public Works or his agent, with free advice and consulting on the project by the design engineer; Complete field inspection by the design engineer for the developer with periodic field checking by the Superintendent of Public Works or his agent; Complete field inspection by the design engineer for the developer. If the City selects this option, there shall be submitted to the City a sworn statement carrying the design engineer's signature and seal stating that the water system was installed in strict accordance with the plans and specifications as approved, except as shown in the as-built drawings. (Ord. 1974-69, 10-24-74; 1994 Code) Mylar or cloth reproducible drawings shall be submitted to the City after construction showing the system as-built. (Ord. 1974-69, 10-24-74) Chapter 5 WATER USE AND SERVICE 7-5-1: WATER DEPARTMENT: A.Supervision: The water department of the city shall be under the active supervision of the city administrator/engineer who shall report to the water committee of the city council. Said city administrator/engineer shall make a written report to the city council of all his acts and doings whenever requested by the council, and such reports shall be placed on file with the city clerk and shall show the kind and amount of materials used, the cost thereof and all expenses attending the work. He shall also keep a correct map of all water mains now or hereinafter laid in the city, with their dimensions, locations and connections, hydrants and cutoffs; and shall keep just, true and correct books of accounts, and such books, records, maps and other accounts shall be delivered to his successor or the city council at any time, upon request. B.Salaries And Wages: 1.Superintendent Of Public Works: The superintendent of public works shall receive his wages from the water fund for his services in the active supervision of said waterworks; such sum to be fixed by resolution and set forth in the annual budget ordinance. (Ord. 1974-69, 10-24-1974; amd. 1994 Code) 2.Department Employees: The mayor and members of the city council shall have the authority to hire all other employees necessary for the proper operation and management of the waterworks. The wages of all such employees shall be fixed by resolution, and all wages and other expenses of the water department shall be paid out of the water fund through vouchers authorized and drawn in the like manner as all other vouchers; except that such amounts shall be paid only out of the water fund. C.Audit Of Department: The city council shall cause a proper audit to be made at least once each year of the water department. The report of such audit shall be open for inspection at all proper times to any taxpayer, water user or any holder of bonds issued by the water department. (Ord. 1974-69, 10-24-1974) 7-5-2: APPLICATIONS FOR WATER SERVICE AND CONNECTIONS: All applications for water service connections and for water service shall be made in writing on forms to be furnished by the city. No approval for water service connection shall be granted unless and until said forms are filled out and signed by the applicant and until all fees for connection and meter are submitted. (Ord. 1974-69, 10-24-1974) 7-5-3: WATER SERVICE CONNECTIONS AND INSTALLATIONS: A.Location Of Connections And Installations; Charge: All connections and installations of water service shall, upon application, be made from the existing main upon applicant's street to the street side of applicant's sidewalk or to a point four feet (4') within the curb line, whichever point the superintendent of public works shall so elect. Said connections and installations shall be made only by authorized employees of the city and only after payment by the user or property owner at the time of application for water to the city treasurer or collector of a connection fee as outlined below: (Ord. 1982-9, 3-25-1982; WaterOrdinanceasitexiststoday(nochanges) amd. 1994 Code) RESIDENTIAL CONNECTION FEES1 Residence Type Projected PE Per Residence Connection Fee Based On $ 1,057.00/PE Efficiency or studio apartment 1.00 $ 1,057.00 1 bedroom apartment/condominium 1.50 1,586.00 2 plus bedroom apartment/condominium 3.00 3,171.00 1 bedroom townhome 1.50 1,586.00 2 plus bedroom townhome 3.00 3,171.00 Duplex home 3.50 3,700.00 Single-family home 3.50 3,700.00 NONRESIDENTIAL CONNECTION FEES2 Water Meter Size Water Connection Fee Less than or equal to 1 inch $ 3,700.00 11/2 inch 4,000.00 2 inch 5,000.00 3 inch 8,000.00 4 inch 15,000.00 6 inch and larger TBD Notes: Nonresidential land use shall be considered all land uses other than those defined in the residential connection fees table. TBD = Connection fee to be determined by city council on a case by case basis. (Ord. 2006-32, 4-25-2006) B.Materials, Equipment And Labor: 1.If the superintendent of public works so desires, he may request the applicant to furnish materials, equipment and labor to install the service connection. Where such a request is made, the materials used shall be approved by the superintendent of public works and the installer shall be bonded, qualified and approved by the superintendent of public works before installation. If the superintendent of public works provides any materials, equipment and labor to install the service connection, the cost of such equipment, materials and labor for the installation of such connections shall be in addition to the above charges. WaterOrdinanceasitexiststoday(nochanges) 2.The installation of the service connection by applicants shall be allowed only where connection will be made to the new water mains that are not yet in service. Where connection is made to existing city owned water mains, the installation of the service connection shall be made by the superintendent of public works or an authorized employee of the city. C.Construction Specifications: All service connections and installations shall be provided with corporation cock, curb stopcock, shutoff and curb box of a standard and approved type, and shall be subject to approval by the superintendent of public works. All materials, including pipe, stopcock and valves shall be of a standard and approved type and placed and located under the direction of the superintendent of public works. (Ord. 1982-9, 3-25-1982; amd. 1994 Code) 7-5-4: WATER METERS: All water furnished consumers shall be metered, and all meters shall be of a standard and approved make, and shall be furnished by the city and set by the water department. Meters shall remain the property of the city and are subject to removal any time. (Ord. 1974-69, 10-24-1974) 7-5-4-1: METER COSTS: The costs involved in furnishing and installing the meter shall be borne by the applicant. Costs to be reimbursed to the city shall include the meter, remote readers, valves, check valves, meter setting hardware and labor. The charges shall be actual cost for materials and labor including fringe benefits, but excluding any fees for overhead, profit or similar marginal costs. (Ord. 1974-69, 10-24-1974) 7-5-4-2: METER LOCATIONS: The owners must provide suitable locations in piping systems for same and meters shall be placed on service pipe not to exceed two feet (2') from the wall where such pipe enters the premises. There shall be a stop and waste on the inlet side of the meter, a shutoff valve on the outlet side of the meter, and a suitable check valve on the outlet side of the meter. There shall be provided a suitable place for the meter so as to keep it dry and clean, and readily accessible at all times to the meter reader and inspector of the water department. (Ord. 1974-69, 10-24-1974) 7-5-4-3: SIZE OF METERS: A.The size of meter required for any metered water supply shall be governed by the size and character of the premises served or to be served as follows: Description of Premises Size of Meter Residence, not over 12 rooms or 2 family flat 5/8 inch 3 or 4 family flat 3/4 inch WaterOrdinanceasitexiststoday(nochanges) B.Size of meters for large buildings, apartments or flats shall be designated by the Superintendent of Public Works at the time of application for water supply. The size of meters so specified shall be subject to change from time to time thereafter as demand or other condition may require. C.The right is reserved to require an increase in the size of meter in any case where, in the discretion of the City, the use of water exceeds the capacity of the meter. (Ord. 1974-69, 10-24-74) 7-5-4-4: MAINTENANCE AND REPAIR: Owners or occupants shall be responsible for the care and protection of a meter, but the same shall be subject to inspection and test at any reasonable time by the Water Department; however, meters may be repaired by the City Council at no cost to the owner and no one shall interfere with the registration of or break a seal on any meter; providing, however, that the Superintendent of Public Works may grant permission to break a seal for draining pipe or stopping leaks. (Ord. 1974-69, 10-24-74; 1994 Code) 7-5-4-5: METER TESTING: A.Tests May be Made: In case of doubt as to the accuracy of a meter, the consumer may complain and tests may be made by the Superintendent of Public Works and if the meter is found to measure more than four percent (4%) incorrectly, no charge shall be made; and if an over-register of more than four percent (4%) is found, a proportional deduction shall be made from the previous water bill. If said meter registers within four percent (4%) of accuracy, then all expense of testing shall be borne by the person making the complaint. (Ord. 1974-69, 10-24-74; amd. Ord. 1983-15, 9-22-83; 1994 Code) B.Entry Powers: The Superintendent of Public Works or his designated employees in the City Water Department, shall be allowed access to the residences of all City water users for the purposes of checking the accuracy of the water meter located in the home when the home is equipped with a remote water meter indicator on the outside of the residence at all reasonable times. (Ord. 1984-1, 3-22-84) 7-5-4-6: READING METERS: The Superintendent of Public Works shall determine the amount of water usage by each individual customer of the City pursuant to any of the following three (3) methods to be selected by him in his absolute and sole discretion: A.An actual meter reading done by employees of the City Water Department on a quarterly basis, but no less than one time a year; or B.A customer meter reading returned to the City Water Department at the request of the Superintendent of Public Works by the customer; or C.An estimated reading based on customer's usage during the quarter being estimated from the last one year of the customer's usage. In the event WaterOrdinanceasitexiststoday(nochanges) any specific customer has less than a one year history of water usage with the City, said estimate shall be based on the most recently ascertainable data on individual usage available to the Superintendent of Public Works. In no event shall estimated water billings be made for more than three (3) calendar quarters in any one year. (Ord. 1984-1, 3- 22-84) 7-5-4-7: SERVICE TO MORE THAN ONE CUSTOMER THROUGH SINGLE METER: If, at the request of and for the convenience of the owner of a premises containing more than one customer, water is furnished to said premises through a single meter for the purpose of redistribution to the several customers, the charges set forth for service for a single-family meter shall be multiplied by the number of customers served and the product therefrom shall be the water service connection charge. (Ord. 1974-69, 10-24-74; 1994 Code) 7-5-5: WATER SERVICE RATES; BILLING PROCEDURES: The section below has been affected by a recently passed ordinance, 2010-21 - WATER SERVICE RATES . Go to new ordinance. 7-5-5-1: WATER SERVICE RATES AND CHARGES: Rates Established: The water rate charges for water usage in the City shall be increased according to the following schedule: 1.Beginning November 1, 1995, the water rates for the water use in the City shall be as follows: Minimum of $9.82 up to 350 cubic feet of water used $1.79 per 100 cubic feet used over 350 cubic feet up to 1,350 cubic feet $1.71 per 100 cubic feet used over 1,350 cubic feet up to 2,700 cubic feet $1.63 per 100 cubic feet used over 2,700 cubic feet 2.Beginning November 1, 1996, the following rates shall apply: Minimum of $10.31 up to 350 cubic feet of water used $1.87 per 100 cubic feet used over 350 cubic feet up to 1,350 cubic feet $1.81 per 100 cubic feet used over 1,350 cubic feet up to 2,700 cubic feet $1.75 per 100 cubic feet used over 2,700 cubic feet 3.Beginning on November 1, 1997, the following rates shall apply: Minimum of $10.82 up to 350 cubic feet used $1.97 per 100 cubic feet used over 350 cubic feet up to 1,350 cubic feet used $1.93 per 100 cubic feet used over 1,350 cubic feet up to 2,700 cubic feet $1.89 per 100 cubic feet used over 2,700 cubic feet 4.Beginning on November 1, 1998, the following rates shall apply: Minimum of $11.36 for the first 350 cubic feet used $2.07 per 100 cubic feet used over 350 cubic feet up to 1,350 cubic feet $2.05 per 100 cubic feet used over 1,350 cubic feet up to 2,700 cubic feet $2.03 per 100 cubic feet used over 2,700 cubic feet WaterOrdinanceasitexiststoday(nochanges) 5.Beginning on November 1, 1999, the following rates shall apply: Minimum of $11.93 for the first 350 cubic feet used $2.17 for every 100 cubic feet used over 350 cubic feet 6.In determining the quantity used for billing purposes, 100 cubic feet shall include any fractional amount of 100 cubic feet used. 7.All previous water rate charging schedules are hereby expressly repealed and of no effect. 8.In all other respects those City ordinances affecting connection charges, service charges, outside City limit charges, usage estimates and all other ordinances affecting City water or sewer services shall remain in full force and effect. (Ord. 1995-27, 10- 26-1995) B.More Than One Customer Through A Single Meter: After the effective date hereof, each residential housing unit will be charged as outlined in this Section, regardless of the number of housing units that are served through a single meter. (Ord. 1982-9, 3-25-1982; 1994 Code) C.Users Outside City Limits: 1.Water Rates: For all water consumption and water services rendered beyond the City limits for which each service shall be by meter registration, charges shall now be at the normal in-City water rates and no further double charge shall be made. 2.Water Line And Plant Maintenance Fee: From January 1, 1984, forward, a water line and plant maintenance fee shall be charged at the rate of ten dollars ($10.00) per calendar quarter to be paid with each quarterly water bill, and upon the same terms, conditions and enforcements for each water service meter registration outside of the City; with said water line and plant maintenance fee being established herein by reason of the additional costs, which may vary from time to time, incurred by the City in maintaining and servicing a water delivery system not within its boundaries. (Ord. 1983-17, 12-15-1983) D.Temporary Water Use; Unmetered Rates: The flat rate for water services supplied on a temporary basis without meters shall be as follows: Unmetered service generally, per day $ 30.00 Outdoor shows, including carnivals, circuses and wild west shows, per day 105.00 Filling outdoor swimming pools 75.00 (Ord. 1982-9, 3-25-1982) WaterOrdinanceasitexiststoday(nochanges) E.Private Sprinkler And Fire Protection Systems: The following rates and charges shall apply to all sprinkler and fire protection services connected with the water mains of the City: 1.Sprinkler system service: For each connection serving 500 sprinkler heads or less, semi-annually $12.50 For each additional sprinkler head on any connection, over 500 heads, semi- annually0.015 each 2.Fire protection service: For each fire hydrant located on private property, semi-annually 5.00 For each wet hose connection on private property, semi-annually 1.00 Sprinkler and fire protection service rates and charges shall not be subject to any discount. Such rates and charges shall be considered as payment only for such water as may be necessary to use in making the usual and ordinary tests of such systems under the underwriters' rules, or for actual fires. Sprinkler and fire protection service shall not be required to be metered unless it shall be found that water is used from same for purposes other than for the usual tests or for firefighting, in which case the City is empowered to require the installation of a meter. (Ord. 1974-69, 10-24-1974) The section below has been affected by a recently passed ordinance, 2010-14 - DELINQUENT WATER BILLS. Go to new ordinance. 7-5-5-2: BILLS FOR SERVICE; DELINQUENCIES: A.Rendition of Bills; Payment: Bills for water furnished shall be mailed on or about the first days of July, October, January and April of each year, and all bills and charges for water rents and other services are payable at the office of the City Treasurer or Collector. (Ord. 1982-9, 3-25-82) B.Delinquent Bills: All charges for water shall be due and payable on rendition by mail of a notice of amount to the owner or tenant and shall become delinquent at the expiration of thirty (30) days from said date of mailing, and for the purpose of enforcing the lien as provided by statute, the fortieth day following the first day of the respective quarter is hereby fixed as a delinquency date. (Ord. 1982-9, 3-25-82; 1994 Code) C.Shut Off of Water for Nonpayment; Turn-On Fee: Ten (10) days after a bill shall become delinquent, the water may be shut off from the premises, and shall not be turned on until all back rentals and charges are paid, together with a five dollar ($5.00) fee for turning on the water when service is located within the City limits; said fee shall be ten dollars ($10.00) plus all back rentals and charges when service is located beyond the City limits. WaterOrdinanceasitexiststoday(nochanges) D.Additional Deposit Required: In the event a water user becomes more than ten (10) days delinquent on two (2) or more separate occasions, the user may be required to furnish an additional deposit to the City in an amount equal to one estimated bill or not less than twenty five dollars ($25.00), and twenty five dollars ($25.00) in the case of all other property, and the City may refuse to turn said water on again until the aforesaid deposit has been received. (Ord. 1982-9, 3-25-82) 7-5-5-3: RESPONSIBILITY OF WATER SERVICE CUSTOMER; DEPOSIT: Water service accounts and charges shall be kept in the name of the owner of the property served, except as to property owned by the State of Illinois. Only such owner shall be recognized as the consumer, except where the tenant makes and maintains a deposit of an amount of money with the City Treasurer equal to the estimated water bills for the premises to be served to guarantee payment for water service, but in no case shall such deposit be less than twenty five dollars ($25.00). The deposit shall accompany the application for service. Where no deposits are made or where the deposit is not maintained, the owner of the premises served shall be held responsible for the payment of all water rentals and all other proper charges in connection with water services to said premises. Such payments shall be accepted from tenants if tendered by them, but accepting payments from tenants shall not subsequently relieve the owner of the premises from the responsibility of paying water rentals or other service charges when due or relieve the real estate from the lien hereinbefore provided. Any deposit made upon application for service shall be returned to consumer upon termination of service. (Ord. 1974-69, 10-24-74) 7-5-6: WATERWORKS REVENUE: A.Duties of City Treasurer: 1.Monies to: All money due the Water Department from all purposes and sources, including the collection of water rents or rates, shall be paid to the City Treasurer or City Collector. If the same shall be paid to the City Collector, he shall in turn forward the same to the City Treasurer. 2.Custodian of Funds: The City Treasurer shall be custodian of the funds derived from income received from the waterworks system, and shall give proper bond for the faithful discharge of his duties. The Treasurer shall maintain separate accounts in which shall be placed the interest and sinking fund monies and another account in which shall be placed the depreciation funds and all other funds necessary to provide for refunding outstanding certificates or bonds payable out of water revenue. B.Water Fund: All revenue derived from the sale of water as herein provided shall be kept separate and apart by the City Treasurer from the other revenue of the City. Said money shall be know as the Water Fund and shall be used exclusively for waterworks purposes; that is, for the maintenance, extension, improvement and operation of said waterworks, the retirement of waterworks bonds and certificates, and under no circumstances shall this revenue be diverted to any other purpose. (Ord. 1974-69, 10-24-74) C.Water Surplus Account and Water Bond Redemption Account: The City Council deems that in its best interest and required pursuant to the terms of an ordinance passed on May WaterOrdinanceasitexiststoday(nochanges) 8, 1969, authorizing the issuance of revenue bonds for the purpose of improving its water system, to create two (2) accounts, one designated as a surplus account in which any surplus monies remaining after payment of those monies required to be paid into special accounts created under section 8, subparagraphs (a) through (d) of said ordinance of May 8, 1969, and said account shall be designated as a surplus account and bond redemption account upon the following terms and conditions: 1.Surplus Account: A surplus account shall hereby be established pursuant to the terms of the city ordinance passed May 8, 1969, providing that all monies remaining in the water fund of the city established by said ordinance after all previously described payments shall be placed into the surplus account at the close of each billing quarter. At the end of each fiscal year, a sum of not less than fifty percent (50%) of the amount paid into said surplus account shall be transferred to a bond redemption account created hereafter. The remaining balance contained in said surplus account may be used for the improvement, extension or maintenance of the city water system. 2.Bond Redemption Account: The city hereby creates a bond redemption account which shall be established at the close of the next fiscal year occurring upon the effective date hereof. Fifty percent (50%) of those monies transferred at the close of each fiscal year from the surplus account of the water fund of the city shall be placed in said bond redemption account so as to provide funds with which to retire water bond obligations of the city. (Ord. 1985-16, 10-24-1985) 7-5-7: CHANGE OF RESIDENCE BY WATER SERVICE CUSTOMERS: No person, either owner or tenant, who, in changing his residence from one location to any other location served by the water department, shall be given water service until any and all delinquent water rentals which are charged against him at his former place of residence shall have been paid in full, and no water at the new location shall be turned on and, if so, the same shall be turned off until settlement of such delinquent water rental at the former location is made. A charge of five dollars ($5.00) for turning on water and renewing service shall be made, in addition to the payment of the delinquent water rental or charges. (Ord. 1974-69, 10-24-1974) 7-5-8: WATER SHUTOFFS AND TURNONS: A.Authority To Shut Off Water; Nonliability: The city shall not be held responsible by reason of the breaking of any service pipe or apparatus, or for failure in the supply of water. The city, when necessary, without notice, may shut the water off in its mains for the purpose of making repairs or extensions or for other purposes. No claims shall be made against the city by reason of the breakage of any service pipe or service cock, or from other damage that may result from the shutting off of water for repairing, laying or relaying mains, hydrants or other connections. (Ord. 1974-69, 10-24-1974) B.Requests For Water Shutoff And Turnon: 1.Water Shutoff: Owners or consumers desiring to discontinue the use of water shall give notice thereof, in writing, to the superintendent of public works or the city treasurer or collector, who shall then cause the water to be turned off. Water rents or charges for services shall be made until such notice is given. When water service is WaterOrdinanceasitexiststoday(nochanges) discontinued, all water rentals for such service shall become due and payable. When water service is again desired after having been discontinued, a charge of five dollars ($5.00) shall be made and collected before turning on water and renewing service. 2.Water Turnon: In turning on water, the city council or the water department shall not be responsible for any damage that may occur by reason of improper fixtures, open or improper connections, or for any other causes. (Ord. 1974-69, 10-24-1974; amd. 1994 Code) 7-5-9: PROHIBITED ACTS AND CONDITIONS: A.Electrical Grounding To Water System: No part of any water service, including the portion owned or used by any user of water, shall be used as a ground for a radio, telephone and other electrical system or appliance. B.Unnecessary Waste Of Water: Consumers shall prevent unnecessary waste of water and keep all water outlets closed when not in actual use. If unnecessary waste of water takes place, the city council reserves the right to cut off the supply, and the city further reserves the right to prohibit the use of water for yard sprinklers, elevators and large consumers of water when, in the judgment of the council, it shall be necessary to do so. (Ord. 1974-69, 10-24-1974) C.Use Of Ground Water Prohibited: 1.Prohibited: The use or attempt to use as a water supply, ground water from within the corporate limits of the united city of Yorkville by the installation or drilling of wells or by any other method is hereby prohibited within the city. (Ord. 2008-78, 8-26- 2008) 2.Penalties: (Rep. by Ord. 2008-74, 8-26-2008) 3.Definitions: PERSON: Any individual, partnership, copartnership, firm, company, limited liability company, corporation, association, joint stock company, trust, estate, political subdivision, or any other legal entity, or their legal representative, agents, or assigns. POTABLE WATER: Any water used for human or domestic consumption, including, but not limited to, water used for drinking, bathing, swimming, washing dishes, or preparing foods. 4.Memorandum Of Understanding: The mayor of the united city of Yorkville is hereby authorized and directed to enter into a memorandum of understanding with the Illinois environmental protection agency ("Illinois EPA") in which the united city of Yorkville assumes responsibility for tracking the remediation sites, notifying the Illinois EPA of changes to the ordinances, and taking certain precautions when siting public potable water supply wells. (Ord. 2005-50, 6-14-2005) 5. 7-5-10: TEMPORARY SERVICE TO CONTRACTORS: A.If, during construction of a service installation on a three-quarter inch (3/4") or one inch (1") tap, it is temporarily impossible to install a meter as required, the superintendent of public works or the city council may, upon receipt of application, issue a temporary bulk water permit, and turn on the service and allow use of unmetered water for normal WaterOrdinanceasitexiststoday(nochanges) construction purposes. Such permit shall not exceed sixty (60) days after the date of issuance of the permit for construction of said service installation. B.The charges for temporary bulk water permit shall be ten dollars ($10.00) for each thirty (30) days or less that a meter is not installed after issuance of a plumbing permit, and not to exceed a total of sixty (60) days. Said charges shall be paid in advance of each period requested and before water is turned on by the Department. (Ord. 1974-69, 10-24-74; 1994 Code) 7-5-11: REGULATIONS FOR DEVELOPERS: A.Public Water Supply for Subdivisions: No subdivision of land in the corporate limits shall be approved by the city council unless the lots therein are provided with adequate water connecting with the city water system, if at all practical. Water connections and city water main extensions, if necessary in order to connect to the city water system, shall be at the subdivider's expense but under the direct supervision and control of the city council or its authorized agents. Prior to the time said extension is undertaken, the subdividers shall pay the cost of said extension. Upon completion, any extension shall be dedicated to the city and become property of the city who shall then assume full responsibility for maintenance and repairs of the same. B.Water System Improvements: 1.Where improvements and extensions to the water distribution system are required in order to serve the needs of a development, the developer shall bear all costs in the water main installation3. (Ord. 1974-69, 10-24-74) 2.Prior to proceeding with construction, the developer shall prepare and submit plans and specifications to all Federal, State, County, Township and other governmental agencies as required by law. Permits or approvals shall be received from all appropriate agencies. The contractor shall also submit plans and specifications to the Superintendent of Public Works and shall obtain written approval from the City Council before proceeding with construction. The following requirements shall be met: a.Plans and specifications submitted shall bear the seal of a current registered professional engineer. b.Water mains shall be not less than six inches (6") in diameter. c.Fire hydrants shall be set at each intersection and at intervals not to exceed four hundred feet (400') (whichever results in closer spacing). (Ord. 1974-69, 10-24-74) (Ord. 1974-69, 10-24-74; 1994 Code) d.All future water mains shall be constructed of ductile iron. Ductile iron valves and appurtenances shall be used whenever possible; however, the Superintendent of Public Works may, at his discretion, allow the use of cast iron valves and other cast iron appurtenances to the actual water pipe upon his written consent to the installer. (Ord. 1983-15, 9-22-83; 1994 Code) e.Water mains shall be buried such that finished grade will provide not less than five and one-half feet (51/2') of cover and not greater than eight and one-half feet (81/2') of cover over the main. WaterOrdinanceasitexiststoday(nochanges) f.All water main extensions shall be designed, installed and tested in accordance with the "Standard Specifications for Water and Sewer Main Construction in Illinois". (Ord. 1974-69, 10-24-74) g.The contractor shall pay all expenses incurred by the City to provide field inspections and approval of water mains before, during and after construction. At the sole option of the City, the following procedures shall be followed: (1)Complete field inspection by the Superintendent of Public Works or his agent, with free advice and consulting on the project by the design engineer; (2)Complete field inspection by the design engineer for the developer with periodic field checking by the Superintendent of Public Works or his agent; (3)Complete field inspection by the design engineer for the developer. If the City selects this option, there shall be submitted to the City a sworn statement carrying the design engineer's signature and seal stating that the water system was installed in strict accordance with the plans and specifications as approved, except as shown in the as-built drawings. (Ord. 1974-69, 10-24-74; 1994 Code) h.Mylar or cloth reproducible drawings shall be submitted to the City after construction showing the system as-built. (Ord. 1974-69, 10-24-74) C.Installation of Oversize Mains: 1.Notice Requiring Oversized Mains; Compliance: a.When, in any subdivision now within the City or within one and one-half (11/2) miles of the City limits which normally would require a six inch (6") or eight inch (8") size water main but which, for the purpose of complying with the plan of development of the City's water system to provide an adequate water supply, not only to the particular subdivision but also to subdivisions which in the future may become a part of the City, and where the City Engineer and Superintendent of Public Works have determined that water mains of a larger diameter than eight inches (8") and the size thereof, shall be installed, then the City Engineer or the Superintendent of Public Works shall inform the subdividers, builders and developers of the subdivision by a written notice of that fact and require them to install such oversized water mains and at the same time, in said notice, inform them of the size to be installed. (Ord. 1974-69, 10-24-74; 1994 Code) b.Upon being so notified as provided for in this subsection, no subdivider, builder or developer shall install any water main in such subdivision of any size other than that specified to him by the aforesaid notice. 2.Costs: At such time as the installation of said oversized water main pipe shall have been completed in accordance with the plans and specifications submitted to the City for such installation, and also in accordance with the notice specified in this subsection, and all such installations shall have been inspected and approved by the City as provided for by ordinance of the City, then the City will pay any such subdivider, builder or developer who has installed oversized water main pipe as above provided, the difference of the cost at current prices, as of the time of said WaterOrdinanceasitexiststoday(nochanges) installation, between the eight inch (8") main pipe which was originally planned to be used and the cost of the oversized pipe which the City directed to be used. (Ord. 1974-69, 10-24-74) 7-5-12: PRIVATE SPRINKLER AND FIRE PROTECTION SYSTEMS: Private sprinkler and fire protection water systems may be connected with the City water mains subject to the following provisions and regulations and provided the applicant is a consumer taking water supply for other uses from the City at regular rates for such uses: A.Application for Service; Approval: Whenever sprinkler or fire protection services are desired, application shall be made for the privilege of installing such service, which application shall include complete specifications and plans of the installation contemplated. If said application is approved by the City Council, the applicant shall enter into an agreement with the City for connection to City mains, subject to the provisions of this Chapter. (Ord. 1974-69, 10-24-74) B.Inspection of System: 1.City water will be turned into any sprinkler or fire protection system only when such installation shall have been subjected to and passed such inspection and pressure tests as may be required by the Superintendent of Public Works. All pipes in connection with such system shall be left exposed until such tests have been made and the system approved. No cross-connections between private water supplies and services connected to City mains shall be permitted. 2.Any and all premises connected to City water mains for sprinkler or fire protection services shall be subject to inspection by the Superintendent of Public Works at any time for count and conformity to the City regulations. C.Rates and Charges: Rates and charges shall be as provided in Section 7-5-5-1 of this Chapter. (Ord. 1974-69, 10-24-74; 1994 Code) 7-5-13: WATER CUSTOMER CONTRACTUAL AGREEMENT: The rules and regulations as set forth in this chapter shall be considered a part of the contract of every person who takes water supplied by the city through the city waterworks. Every such person who takes water shall be considered as having expressly agreed to be bound by the provisions of this chapter upon his acceptance of water service from the city. (Ord. 1974-69, 10-24-1974) 7-5-14: VIOLATION AND PENALTY: (Rep. by Ord. 2008-74, 8-26-2008) 7-5-15: WATER CONSERVATION REGULATIONS: A.Definitions: The following words and phrases when used in this section shall, for the purpose of this section, have the following meanings: CITY: The united city of Yorkville. DRIP IRRIGATION SYSTEM: A soaking hose that when in use does not result in an actual dissipation of water. DRIP LINE: Pertaining to a tree or shrub, the ground area immediately beneath WaterOrdinanceasitexiststoday(nochanges) the branches of the tree or shrub. LANDSCAPE/LANDSCAPING: Sod and seeded turf lawns, gardens, trees, shrubs, and other living plants. PERMITTED HOURS OF WATER USE: A time period between five o'clock (5:00) A.M. and nine o'clock (9:00) A.M., and between nine o'clock (9:00) P.M. and twelve o'clock (12:00) midnight, each day. PERSON: Any individual, firm, partnership, association, corporation, company, organization, or entity of any kind. WATER: The water provided by and obtained by a person from the city water supply and distribution system. B. Application: 1.The provisions of this section shall apply to all persons using water, and to all properties within the city or unincorporated areas which are connected to the city's water supply and distribution system, regardless of whether any person using the water has a contract for service with the city. 2.The provisions of this section shall apply annually from May 1 through September 30, subject to any modifications thereof, including application of these or other regulations during this or any other time, by an emergency proclamation issued pursuant to subsection C of this section. C.Restricted Hours And Days For Specified Uses: 1.Water may be used for landscape watering or the filling of swimming pools only as follows: a.All properties with even numbered street numbers (i.e., numbers ending in 0, 2, 4, 6 or 8) may use water for landscape watering or for pool filling, only on even numbered calendar dates during permitted hours of water use. b.All properties with odd numbered street numbers (i.e., numbers ending in 1, 3, 5, 7, and 9) may use water for landscape watering or for pool filling only on odd numbered calendar dates during permitted hours of water use. c.There shall be no restrictions as to hours or days when water may be used for any of the following: (1)Landscape watering or sprinkling where such watering or sprinkling is done by a person using a handheld watering device; (2)Filling swimming pools with a volume of fifty (50) gallons or less; (3)The automatic watering of trees and shrubs by means of automatic root feed or drip irrigation systems within the drip line of the tree or shrub; or (4)Vehicle and equipment washing; or (5)Any other lawful use of water such as bathing, clothes washing, and other normal household uses not WaterOrdinanceasitexiststoday(nochanges) otherwise specifically restricted by the provisions of this section. D.Restrictions For Sod Laying And Lawn Seeding For New Lawns: Notwithstanding the provisions of subsection C of this section, the following special regulations shall apply: 1.Sod laying, lawn seeding, and the planting of other landscaping for the establishment of a new lawn or new landscaping is prohibited from July 1 through August 31 each year unless the source of watering for said sod, lawn seeding and/or planting of landscaping is derived from a private well, imported water source or means other than any municipal water source. 2.From May 1 through June 30 and from September 1 through September 30, water may be used on new lawns (sod or seed), only as follows: Prior to sod laying or lawn seeding, a sod watering permit, attached as exhibit A to the ordinance codified herein, must be obtained from the united city of Yorkville. a.On the day new sod or seed has been placed on a property, a person may use an automatic sprinkling device to apply water to the sod or seed for a total period of time not to exceed eight (8) hours. b.For the next nine (9) days thereafter, a person may apply water to said sod or seed each day during permitted hours of water use. c.Following the first ten (10) days after the sod or seed is placed, the provisions of subsection C of this section shall apply. 3.Prior to the execution of any real estate contract for the sale of newly constructed property, the builder or owner of such new construction shall: a.Inform prospective purchasers of the restrictions upon the installation of new lawns set forth in this section; b.Attach a copy of these regulations to the contract; and c.Obtain the signature of the purchaser(s) on a statement that he, she or they has (have) been informed of the new lawn installation restrictions set forth in this section. 4.The applicant for a certificate of occupancy for any newly constructed property shall submit as a part of his application, and as a condition of issuance of such certificate, a copy of said signed statement. When an application for certificate of occupancy is submitted prior to sale of the property, and the future occupant is unknown, the applicant shall submit his signed statement that he shall comply with the requirements of this section at the time the real estate contract is executed. E.Waste Of Water Prohibited: No person shall allow a continuous stream of water to run off into any gutter, ditch, drain, or street inlet while using water for restricted purposes during the permitted hours of water use. F.Exceptions: The provisions of this section shall not apply to any commercial or industrial entity for which use of water is necessary to continue normal business WaterOrdinanceasitexiststoday(nochanges) operations, or to maintain stock or inventory. Provided, however, this exception shall not apply to any and all uses of water not essential to normal business operations or maintenance of inventory or stock, and specifically shall not apply to landscape watering or pool filling. G.Bulk Water Rates: Bulk water rates shall be increased to three (3) times the nonresident water rate during the time described in subsection B of this section. H.Hydrant Use Prohibited: Hydrants connected to the city water supply and distribution system for the purpose of providing water for firefighting purposes shall not be opened by any person, other than authorized city or fire district personnel, except for the purpose of fighting a fire. I.Emergency Proclamation: 1.Whenever the water supply of the city is diminished from any cause, including, but not limited to, prolonged dry period, increased water demand, equipment failure, or water quality concerns, to an amount which in the opinion of the city engineer or director of public works is or is likely to become dangerous to the health and safety of the public, the city mayor is hereby authorized and empowered to issue an emergency proclamation specifying different or additional regulations on the use of water. 2.Such regulations may provide for limitations on the usage of water, limitations on days and hours of use of water for some or all purposes, and the prohibition of specified uses of water. 3.Upon issuing such proclamation, the city mayor shall make the contents thereof known to the public by posting a copy at the city hall, and by news release to local newspapers and radio media, and may also endeavor to notify the city residents and other persons in any other practical manner that he or she shall devise. Further, the city mayor shall immediately deliver notice of such proclamation, and the regulations that have been imposed by such proclamation, to all members of the city council. 4.The emergency proclamation of the city mayor, and the regulations imposed thereby, shall remain in full force and effect until any one of the following shall first occur: a.The city mayor determines that the emergency no longer exists and that the emergency proclamation, and the regulations imposed thereby, shall no longer continue in effect. b.The city council modifies or repeals the emergency proclamation, and the regulations imposed thereby, by means of an ordinance enacted at any regular or special meeting of the city council. c.The first regular meeting of the city council occurring more than thirty (30) days after the date of the emergency proclamation of the city mayor. 5.Any city employee or officer may, at the direction of the city mayor, notify and warn any person of the effect of said emergency proclamation WaterOrdinanceasitexiststoday(nochanges) and direct said person to comply with said watering or sprinkling restrictions. If any said person, after having first been warned about said restrictions of the emergency proclamation, fails to comply with the water restrictions, the person shall be deemed to be in violation of this section. (Ord. 2004-17, 3-23-2004) J.Restriction On Permanent Landscape Watering Systems Of Nonresidential Properties: 1.This subsection J shall apply only to nonresidential properties, and common and/or open space areas of residential developments. 2.For this subsection J, a "permanent landscape watering system" shall be defined as any system of pipes, sprinkler heads or similar devices installed underground to be used to provide landscape watering. 3.Landscape watering upon nonresidential properties shall be limited as follows: a.For properties with one building, a total area within the property not to exceed one acre may be watered by a permanent landscape watering system using the city's potable water. This area shall be measured by the amount of nonimpervious surface on the property including all landscaped areas, lawn areas and green space regardless of the size of the area initially planned to be irrigated. b.For properties with more than one building, a total area within the property not to exceed three (3) acres may be watered by a permanent landscape watering system using the city's potable water. This area shall be measured by the amount of nonimpervious surface on the property including all landscaped areas, lawn areas and green space regardless of the size of the area initially planned to be irrigated. c.For the common space and/or open space of a primarily residential development, no permanent landscape watering system shall be allowed using the city's potable water. d.All permanent landscape watering systems permitted to use the city's potable water shall be metered the same as domestic water service. No special meters will be permitted. 4.The total area to be watered shall be measured as the area within reach of any permanent device used to water landscape including, but not limited to, sprinkler heads, hoses, trenches or similar devices to water landscape. (Ord. 2006-123, 10-24-2006) 7-5-16: INSPECTION; AUDIT; APPEAL: A.Right Of Access; Use Inspection: The united city of Yorkville and its employees and the Illinois environmental protection agency shall have ready access at all reasonable times to the premises, places or buildings where water service is supplied for the purpose of inspecting, examining and testing the consumption, use and flow of water, and it shall be unlawful for any person to interfere with, prevent or obstruct the united city of Yorkville or its duly authorized agent or the Illinois environmental protection WaterOrdinanceasitexiststoday(nochanges) agency in its duties hereunder. Every user of the system shall take the same upon the conditions prescribed in this section. B.Powers And Authority Of Inspectors: 1.The director of public works and other duly authorized employees of the united city of Yorkville and the Illinois environmental protection agency, bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing in accordance with the provisions of this section. The united city of Yorkville or its representative shall have no authority to inquire into any processes, including metallurgical, chemical, oil refining, ceramic, paper, or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterway or facilities for waste treatment. 2.While performing the necessary work on private properties referred to above the director of public works or duly authorized employees of the united city of Yorkville and the Illinois environmental protection agency shall observe all safety rules applicable to the premises established by the property owner or its agent, and the property owner or its agent shall be held harmless for injury or death to the united city of Yorkville employees, and the united city of Yorkville shall indemnify the company against liability claims and demands for personal injury or property damage asserted against the property owner and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the property owner or its agent to maintain conditions as required in this chapter. 3.The director of public works and other duly authorized employees of the united city of Yorkville bearing proper credentials and identification shall be permitted to enter all private properties through which the united city of Yorkville holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the waterworks lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. C.Access To Records: The IEPA or its authorized representative shall have access to any books, documents, papers and records of the united city of Yorkville, which are applicable to the water system, of user charges for the purpose of making audit, examination, excerpts and transcriptions thereof to ensure compliance with the terms of any loan obtained from the IEPA under its public water supply (PWS) loan program. D.Annual Review Of Charges: The adequacy of the water service charge shall be reviewed, not less often than annually, by certified public accountants for the united city of Yorkville in their annual audit report. The water service charge shall be WaterOrdinanceasitexiststoday(nochanges) revised periodically to reflect a change in the local capital costs or overhead, maintenance and repair costs. E.Appeals: Users shall be provided the method for computing rates and service charges within fourteen (14) days of written request. City shall make best efforts to remedy any disagreement with the method used or the computations made within thirty (30) days of a formal written appeal outlining the discrepancies. (Ord. 2005-19, 3-8-2005) Footnotes - Click any footnote link to go back to its reference. Footnote 1: These fees will become effective on June 15, 2006. Footnote 2: These fees will become effective on June 15, 2006. Footnote 3: See Section 11-4-11 of this Code. WaterOrdinanceasitexiststoday(nochanges)